Mediation is a voluntary process that empowers parties to resolve their conflicts outside the courtroom. It’s a collaborative effort where both sides hold the reins, free from any external coercion. But what happens if one party, after initially consenting to mediation, decides to abandon the process mid-way?

How would it feel, that suddenly, one party decides to hit the brakes? They maybe feeling that the process isn’t fair or that negotiations are at a standstill. Whatever be their reason, they just abandon!

When someone jumps ship in mediation, what it means is that they withdraw before the process concludes. But, on the contrary — to note —– they have their right-to-leave secured—it’s a voluntary process after all.

But here’s the thing: abandoning mediation isn’t just an emotional choice; it’s brings financial hit too. Picture the costs of sessions held, possibly new legal fees, and potential court expenses. It escalates quickly.

Time stretches too. Mediation aims for faster resolutions than courts, but when one exits, the path ahead gets uncertain and possibly longer.

And relationships? They can strain further. Mediation seeks collaboration; leaving disrupts that harmony, especially in ongoing matters like family or business.

One scenario to examine:

The mother and father have been divorced for two years and share custody of their 8-year-old child. Coparenting hasn’t been easy, marked by disagreements over schedules and parenting approaches. Seeking to improve communication and find common ground for their child’s well-being, they turned to mediation.

In mediation, they made progress. They developed a structured parenting plan that balanced the child’s needs and routines, ensuring security in both homes.

However, during one session, the mother, feeling overwhelmed by the ongoing adjustments, unexpectedly called for a break. The father, caught off guard, worried about the effect on the child, who had started to show comfort with their new arrangements. In addition to everything, the child psychologist noted the child’s growing comfort with the new routines and expressed concerns about any disruptions.

Sensitive to the child’s emotional vulnerability and the progress achieved, and now faced with a crucial decision, both parents recognized the potential impact on their child, and had to face this question: should they resume mediation to maintain stability, or risk unsettling the child by managing their differences independently? But everything had already become uncomfortable by the sudden break, and the situation was already calling for some repairs before they even considered restarting their mediation. It’s as if the knots were only getting tighter!

For the mediator, it’s like a pause (a more helpless pause) ——there is no choice but to transform the helplessness into a moment to reassess. Can the party be persuaded back, or is it time to explore alternatives like arbitration or litigation? Questions arise: Is leaving the best move? Could a break lead to stronger re-engagement?

Maybe a change in approach could salvage it. Maybe there is something else. Maybe, maybe, and more maybes to think upon!

In the end, as much as bailing out could disrupt ongoing mediation, it’s also one of the strengths of the mediation process—anyone can take a break anytime! Bailing out is a natural part of the process. However, humans are humans; they appreciate being treated with tender love and care. Therefore, whether bailing out, asking for a break, or pulling the plug, it can all be done respectfully and thoughtfully. One can always consult their mediator; the mediators have the expertise to ensure breaks happen smoothly, creating space for reflection and pausing the mediation in a structured way.

Hence, bailing out is not inherently wrong; it’s how you do it that matters. Whether you need a break, decide to pull the plug, or choose to step back, doing so respectfully and thoughtfully could be a better choice. It would be good to remember, that, mediation is designed to accommodate these moments. The mediator has the expertise to facilitate breaks smoothly, ensuring there’s space for reflection and a structured approach to pause the process when needed.

There! Thank you for reading, What are your thoughts on this piece of writing? Do share your wisdom with us in the comment section, have you come across similar scenario?