The Pros and Cons of Mediation in Family Law
On behalf of Eisenmenger, Robinson & Peters, P.A. posted in Family Law on Monday, January 23, 2023.
Has your divorce come to a standstill? Are you unable to agree with your partner? Divorce mediation in family law might be the perfect solution for you.
But what is divorce mediation? What are the pros and cons? How can you know if it is the right path for you?
Keep reading and learn more about how a family lawyer from our firm can help you through this.
The Pros of Divorce Mediation
There are many legal regulations that play as factors in the divorce process. We hear about people who try and go pro-se (do-it-yourself), but quickly get frustrated when they discover all the nuances that need to be considered. If you don’t want to spend your weeks going through a family law book, it is best to hire one of our attorneys. We’ve seen and done it all. And know just how to help.
Now, that said, we know that people seek divorce mediation to reduce stress and costs while maintaining a casual sense of impartiality. Even when it comes to stressful details like alimony, child custody, child support, and more.
As such, your mediator can help you and your partner through the process by acting as a neutral party. This allows the mediator to make unbiased decisions. Instead of battling your spouse for assets, mediation allows you to be more relaxed and calm.
But remember, mediation only works if you and your partner agree to its terms. If you don’t formally and legally agree, the mediation will not be binding.
The Not-So-Fine Print
Mediators are trained to help you come to the most beneficial decisions. Another advantage is that divorce mediation isn’t very expensive. It is far more affordable compared to going to court and battling it out.
It is also faster (in most cases). If the mediator can help you come to an agreement with your partner, the process might only take a few days or less. If you cannot come to an agreement, it may still be necessary to go to court.
But it is best to avoid this if you don’t want to drag out the process. You and your partner can slip the mediation fees to make it more manageable too. It will be smooth sailing once the mediation process is over.
The Cons of Divorce Mediation
As we mentioned above, mediation might just be too casual. There are stakes involved with any divorce and while things might get heated at times, it’s often best to try and be strategic and final. This is especially true with cases that involve very expensive assets. Most of all, children.
Consider expensive pieces of land, rare objects, art, and so on. Things could get complicated if you and your spouse had a business together too. More problems arise if you or your spouse are hiding assets from each other or from your family law attorney.
It may be necessary to skip divorce mediation if these complex financial issues sound like you. While not necessarily desirable, It would be more productive to go to trial instead.
All about Family Law in Divorce Mediation
Divorce is a difficult process, but our firm can help you through it. Divorce mediation in family law is a great way to get through it quickly and with very little stress. If you can use the above factors to frame your situation, you might be able to get a sense of which way is right for your situation.
If you need more help, our family law team is here to assist. We take great pride in alleviating stress for our clients and look forward to sharing all the legal remedies we have to offer.