Well over ninety percent of divorce cases in California reach an agreement and settle without going to trial. The big question is when? Does it take tens (if not hundreds) of thousands of dollars to prepare for trial, then settle right before it, or do parties take a more reasonable and rational route and commit to working through the terms of their settlement early on and save themselves all the grief and expense?
In the rare instances where an agreement is not reached in mediation, the parties always have the option to pursue whatever legal remedies they desire within the court system. Even if there is an issue of which the participants are unwilling to compromise, they still have the option to agree upon everything else, submit a judgment on all the issues except the one that they were unable to resolve, and leave that issue for determination by the court.