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If there’s a breakdown during a mediation session, the parties can generally use some of the mediation to resolve some of the other issues. Parties don’t have to agree on everything. Because a mediation is directed by the parties, the mediator tries to get the two parties to come to some middle ground. If they can’t agree on all of the issues, they can take the middle ground that they have reached and use that to develop an agreement going forward. And if there are still issues that they can’t agree upon they can always bring those issues before a judge and have the judge give them some direction as to which way they should go with those particular issues.
Hingham, MA family law attorney Carmela M. Miraglia talks about how she can navigate a breakdown in mediation and not let disagreements stop the process.