The Role of Mediation in Divorce

What Is Mediation And How Does It Fit Into The Divorce Process?

Mediation is a required step in the divorce process where parties sit down with their lawyers and a chosen mediator to try to reach a settlement before going to trial. The mediator facilitates discussions between the parties to help them come to agreements on issues like asset division, child custody, and spousal support. The mediator doesn’t make decisions but provides insights and guidance based on their experience with family law in the specific jurisdiction.

Is Mediation Less Stressful For Clients Compared To Going To Trial?

Yes, mediation is generally less stressful for clients and their lawyers compared to going to trial. In mediation, lawyers prepare a packet of information for the mediator, which is less intense than preparing for court. Clients are not in the same room as their spouses during mediation, which can help reduce tension. Mediation offers a space for clients to voice their preferences and work towards a mutually agreeable resolution without the pressure of a courtroom setting.

In High Asset, High Conflict Cases, Is Mediation Still Effective?

In high asset, high conflict cases, mediation can still be effective, though it may require more time and potentially multiple mediation sessions. It’s important to have enough time allocated for mediation to address complex financial matters thoroughly. It’s advisable to book additional time or even multiple days for mediation in high asset cases to ensure all aspects of the settlement are carefully considered and agreed upon.

Does The Mediator Make Judgments Or Decisions During The Mediation Process?

No, the mediator does not make judgments or decisions during mediation. The mediator acts as a facilitator, providing perspectives on legal aspects, potential outcomes in court, and suggestions for resolution. Clients rely on their lawyers for legal advice, while the mediator offers insights based on their knowledge of the law in the specific jurisdiction. It’s crucial to have a mediator who understands the local laws and practices to guide the parties effectively towards a settlement.

Do People Worry About Conceding More Than Desired During Mediation Compared To A Trial?

Clients generally do not want to concede more than necessary during mediation. The goal of mediation is to reach a mutually acceptable agreement without going to trial. People who are accustomed to negotiations or have financial expertise tend to navigate mediation more effectively. In cases where one party lacks financial understanding, bringing in a financial advisor or supportive family member can help facilitate decision-making and ensure all parties are comfortable with the settlement terms.