Mediation is a type of dispute resolution. A neutral third party, the mediator, assists the parties reach an agreement on whatever issues they have in an effort to avoid litigation. If the parties are able to resolve their issues, they can file their agreement with the court and be done with their case without having to spend too much, or any, time in a court room
Mediation is good for divorce and family law issues because it allows the parties to have some control over the outcome of their case. When a case goes to a judge, the parties are asking the judge, a person who’s never met them before, to decide a major part of their lives. Judges, try as they might, do not know the intricacies and idiosyncrasies of the parties’ lives. They only know what facts line up with the applicable law. Using mediation allows the parties to create a result that will work for them.
Divorce Mediation can also provide a sense of closure in divorce. Divorce is an emotional process. Mediation allows the parties to explain themselves to one another and provide reasons for why they want certain things and even how the parties ended up in divorce.
Family law mediation also seem to result in higher compliance rates than court orders. Some people just don’t like it when someone else, including a judge, tells them what to do (even in a court order), so they end up refusing to comply. When the parties reach a negotiated resolution, however, they seem to be more willing to comply because there is some sense of ownership attached to the agreement. .
Finally, divorce or family law mediation is more cost efficient. Litigation requires a lot of paper, sometime side fights about smaller issues, motions, discovery, multiple hearings, trial preparation, trial, and other issues. All of these things cost money. Mediation still requires a lot of paper and costs money, but if done effectively and well it can yield the same result in far less cost.
If you believe your divorce or family law case might benefit from mediation, contact my office to get more information about our mediation services.