In addition to saving clients time and money, mediation allows the parties involved in a dispute to take the decision out of the court’s hands and return it to their own.
Where litigation may make your case one of hundreds in front of a particular judge, mediation allows both parties the opportunity to tailor a solution to their specific needs and resolve their dispute early in the process.
What is divorce mediation?
Mediation is an alternative to litigation in which both parties meet with an independent mediator in an effort to settle the case outside of the courtroom.
The job of the mediator is to listen to the perspective of both parties involved in the dispute and guide them toward understanding each other’s point of view.
The mediator then facilitates the negotiation, with the goal of finding a voluntary resolution to the case and avoiding the time and expense of litigation.
Who is a good candidate?
Individuals looking to avoid litigation, either because of the lengthy process or because of the acrimony it can cause, may wish to pursue mediation.
In mediation, you are not bound by statutes, but by your ability to work toward shared goals. If you feel you and your spouse can work toward a mutually beneficial future and you seek a more private and personal process, then you are a good candidate.
What is the process?
Clients and their lawyers will go before a mediator, who is an independent party well-versed in family law, such as an ex practitioner or retired judge. The mediator will then facilitate discussion and negotiation as well as present ideas, all with the goal of keeping the process amicable and moving toward a resolution.
A mediator knows your family and the intricate details of your case. They are focused entirely on your dispute, which allows for a more creative approach and a faster resolution than can be found in the courtroom.
However, a mediator cannot compel either party to perform an action. They are there to guide, not enforce. It is up to the parties to reach a resolution they can present to a judge.