Yes, mediation requires mutual consent and willing participation from both spouses
Mediation is a voluntary dispute resolution process that can only proceed when both parties explicitly agree to participate. The success of mediation depends on each spouse’s commitment to:
- Engage in open and honest communication
- Work collaboratively towards mutually beneficial solutions
- Participate in good faith negotiations
- Respect the mediation process and its confidential nature
If one spouse refuses to participate in mediation, couples will need to explore alternative methods for creating their separation agreement, such as negotiating through lawyers or going to court.