Q: What are some of the benefits to mediation?
A: Fact: in family law, the law must be followed in only rare circumstances. The law can be viewed as more of a guide for resolving divorce issues, rather than as the definitive way to consider an issue. One of the biggest benefits mediation offers people is the power to choose when to hear the law and in how much detail. Your family law situation is unique and it is very rare when following the law exactly results in benefitting both sides. Mediation allows you to craft a solution that works for both parties.
Additionally, mediation tends to be less expensive than a traditional litigated family law matter. Often times, a mediated divorce will cost approximately half of a contested divorce.
Mediation is also a good option for people who will continue to have a relationship after they are divorced, or if they have children together. Resolving your family law matter in Court can lead to frustration and hostility between you and the other person.
Q: What should I be aware of when deciding to mediate?
A: First of all, remember that YOU are in charge of the process. If you don’t like the way things are going, you always have the ability to back out of mediation and choose to take the matter up in front of a judge. Mediation is not always appropriate in every situation. If both parties are not committed to the process, it is usually a waste of time and money to engage in mediation. Finally, be sure that if your mediator is not an experienced family law attorney, that you hire a consulting attorney to work with you and provide you advice.