Is Mediation Right for Me?

If your divorce or custody case is leaving you feeling directionless, mediation can be your compass.

When it comes to family law matters such as divorce, child custody, and property division, most people imagine litigation, that is, trying and resolving their cases in front of a Judge. Less often discussed is mediation, an alternative practice to help you resolve issues in your case. If you’ve clicked the link to this blog post, you’re likely wondering whether mediation is a viable option. Read on to learn more about the process.

What is Mediation?

Mediation is a collaborative process that allows individuals going through a divorce or custody matter to seek a resolution without having a Judge decide for them. Mediators help parties work to form an agreement together, resulting in a more cost-effective, favorable outcome for everyone. A mediator will lead the discussion between parties, encouraging open communication and compromise, with the hope of fostering a mutually acceptable resolution. Unlike a Judge, a mediator will not decide for the parties, and instead guides them toward a reasonable solution that will maximize the benefit for both parties.

Mediation can be used for nearly every issue that falls under the scope of family law, including, but not limited to:

• Divorce

• Child custody

• Parenting time and visitation

• Child and spousal support

• Property division

• Modifications to existing agreements

• Grandparent’s rights

  
  

Benefits of Mediation

In deciding whether mediation is a good fit, it’s helpful to consider the key benefits of the process:

1. Control Over the Outcome: Mediation allows for parties to have a more direct role in negotiating the terms of their resolution. Mediation allows you and your ex-spouse to craft an agreement that suits your family’s needs. Divorces and custody cases that reach resolution by agreement tend to be less likely to go back to court, and mediation can serve as an effective tool to reach agreements.

2. Less Expensive:  mediation allows individuals to avoid the court process, saving the parties attorney fees and court costs. Every mediator is different, but many typically charge a flat fee or an hourly rate. Since mediation usually takes less time than taking a case to trial, the overall cost is much lower.

3. Faster Resolution: Everyone knows someone who has a horror story about a highly contentious divorce that took years to finalize. While many family law cases can be completed within a year, the court process indeed tends to take longer than anyone would like. Mediation, on the other hand, tends to reach resolution much faster than a litigated matter. A mediator’s work can sometimes be completed in just a few meetings, allowing parties to reach a resolution faster and move on to the next chapter of their lives.

4. Confidentiality: Unlike court proceedings, which are usually public (except for juvenile cases), mediation sessions are private and confidential. This confidentiality allows you to have open, honest conversations without the fear that anything discussed will become public record.

5. Less Stressful: Family law disputes are emotionally charged, and the prospect of a lengthy, contentious trial can add to the stress. Mediation provides a calmer, more relaxed environment where you can discuss the issues at hand with the help of a neutral third party. This can be especially helpful when dealing with sensitive issues like child custody.

6. Preserves Relationships: If you have children or need to co-parent in the future, mediation can help set the foundation for a cooperative relationship between you and your spouse. By resolving issues amicably, you are more likely to maintain an ongoing, respectful co-parenting relationship, which is in the best interest of your children.

Is Mediation Right for Me?

While mediation can be a viable option, it’s not the best choice for everyone. Here are some factors to consider when deciding if mediation is the right choice for you:

1. Willingness to Cooperate

Mediation is most effective when both parties are willing to work together to find a resolution. If you and your spouse or ex-spouse are able to communicate and negotiate in good faith, mediation could be a great option. However, if one or both parties are unwilling to cooperate or are entrenched in their positions, mediation may not be effective.

2. Power Imbalance

Mediation is most effective when both parties have an equal say in the process. In situations where there is a significant power imbalance, such as when there is a history of domestic abuse, the survivor might be more susceptible to being coerced into an unwanted agreement. In these instances, pursuing litigation or seeking the Court's guidance may be more suitable.

3. Complex Legal Issues

Mediation can be very effective for resolving straightforward family law issues. However, if your case involves complex legal issues, large assets, or difficult custody arrangements, you may need legal representation to ensure your interests are fully protected. In these cases, mediation may still be useful, but a lawyer can help you navigate the more complicated aspects of your case.

4. Desire for a Quick Resolution

If you’re looking to resolve your family law issues as quickly as possible, mediation could be the right choice. Mediation allows you to avoid the delays of court, and in many cases, you can reach a resolution in a matter of a few months instead of a year or more.

5. Desire for Privacy

If you want to keep your family law issues private and avoid the public nature of a court trial, mediation offers a confidential setting where all discussions remain private. This can be especially important if you are concerned about protecting sensitive information or minimizing exposure to the public.

Conclusion

Mediation can be an effective way to resolve family law matters in a more cost-effective, private, and less stressful way. If you and your ex are willing to work together to find common ground, mediation can provide a mutually beneficial solution for both parties and any children involved.

It’s important to understand that mediation isn’t the right solution for every case. For example, if you know your ex intends to fight you on every issue, or your property/final circumstances are very complex, other forms of dispute resolution or court involvement may be a more viable option.

If you’re unsure whether mediation is right for you, consulting with an experienced family law attorney can help clarify your options and guide you through the process. Divorce and custody cases can be challenging, especially without an attorney to guide you through your complex legal issues. At Wood & Long, our attorneys are attuned to the unique needs of you and your family. Give our office a call today at (614) 567-3031 to request a consultation.

written by Vincent Zanish