What happens if we agree on some things during mediation but can't agree on everything?

Mediation does not have to be an all-or-nothing proposition. It is very common for couples to reach a “Partial Settlement Agreement.” For example, you might completely agree on how to divide your property, retirement accounts, and marital debts, but remain deadlocked on alimony or the specific details of a school holiday time-sharing schedule. In that scenario, the mediator will draft a formal binding agreement covering the resolved items, which you both sign. The mediator will then file a report with the court on the partial agreement, and the remaining unresolved issues will be decided by the judge. This still saves you thousands of dollars, as your attorney will only need to litigate the few unresolved issues rather than a massive, full-scale dispute.