Family Law Mediation - How It Works and The Advantages It Offers

From divorce and custody, to support and property division, mediation can be a good option to resolve most family law issues. Mediation is similar to a settlement conference, and is conducted by an attorney familiar with both family law rules, procedures, and negotiation strategies. The goal of mediation is to get the case settled in the way most parties want - quickly, and without going to court!

Who does the attorney represent?
Unlike the typical attorney-client relationship, in a mediation case the attorney is neutral and does not represent either party. Both parties have equal access to the attorney, and the attorney is unbiased and gives their best advice to both of the parties, keeping all the negotiations fully transparent.

Do you still have to go to court?
No, and this is one of the big advantages of mediation! If the parties reach a full agreement through mediation, the attorney will draw up all the papers necessary to get a final judgment from the court, without either party ever having to appear.

Is mediation cheaper than having separate attorneys?
Generally yes, and this is another big advantage. During mediation, both parties use the same attorney, and both want to settle the matter quickly, without litigation if possible. The attorney charges an hourly rate, and the less attorney time that is involved, the less money the parties will pay.

Can custody and visitation be resolved by mediation?
Yes, this is a large part of many family law cases. During mediation, both parties are able to speak to the attorney and to the other party directly at the same time, while getting skillful feedback from the mediator. This often results in very good agreements for the children and both parents.

What about child support?
Child support will be calculated by the attorney after a time-share agreement has been reached. Although this is normally based on statewide guidelines, in mediation the parties can agree to other amounts that work for their own particular situation. The attorney will keep the agreement sufficiently legal so that a court will accept it.

What about spousal support?
Spousal support, or alimony, is one area that is particularly well suited to mediation. In mediation, the attorney gets to know both parties, their financial situation, their ability to make future income, and their assets. Through this process, the attorney can often produce a custom support plan that works well for both parties, and is often more dynamic and fluid than something the court might order.

Does mediation cover property and assets?
Absolutely! Mediation is probably best used for division of property. The mediator will make a full evaluation of the properties and their values, take into account each party’s desire for various properties, and come up with a division plan acceptable to both parties. Agreeing to a property division plan allows both parties to know exactly what they’re getting, when, and under what terms. There is no uncertainty and disappointment with a mediated agreement as there can be with a court ruling after trial.

Is there more privacy with mediation than with litigation in court?
During mediation, many documents can be obtained and exchanged between the parties without the necessity of filing them in court. The attorney mediator will only file documents with the court that are required by state law, shielding many of them from public access and viewing that might occur when litigating a case in court.

If mediation doesn’t work in the end, what happens?
Sometimes mediation will not resolve all issues. If this happens, the mediator will prepare a partial judgment at the conclusion of the mediation that includes all the matters that were agreed upon, leaving only the remaining matters to be decided by the court. This can greatly reduce the amount of work, stress, and cost required to complete the process through court - facing trial on only one issue, or even two issues, is much easier than facing trial on a dozen or more issues.

Using mediation for family law matters has many advantages over going to court. If both parties are willing to work together, mediation can resolve things quickly, without having to go to court, and save both parties a substantial amount of money.

The attorneys at Smith Law Group have handled thousands of family law cases, giving us unique insight and perspective. We will handle your mediation case quickly, efficiently and cost-effectively, and provide fair and reasonable custody/visitation, support, and property division agreements. If you are considering mediation for your family law case, please reach out to us. We are always here to help!