Does Mediation Always Keep You Out of Court?~ 2 min read

Mediation is often seen as a peaceful alternative to a courtroom battle. But does it always keep you out of court? There can be some limitations in a mediation that are important to understand. 

What is Mediation?

Mediation is a process where a neutral third party, known as a mediator, helps you and your spouse to reach a mutually agreeable solution. It is often used in family law cases, including divorce, custody disputes, and other family-related matters and helps to resolve the case without going to court.

Mandatory Mediation

In some jurisdictions, such as St. Louis County, there is a mandatory mediation rule that requires completion of two hours of mediation before proceeding with court cases. While this rule aims to encourage settlements, two hours is often insufficient to resolve all issues, especially complex ones.

Mediation After Court Filing

Many people engage in mediation after they have already initiated court proceedings. This is still beneficial, as mediation can help narrow down the issues and streamline the court process. For example, mediating discovery disputes—where you may argue over the exchange of documents—can save significant time and money, even if the case ultimately goes to trial.  You may also be able to resolve your entire case through mediation, even after you have already filed.  A mediator can assist with all or part of your case.

Partial Settlements

Mediation can result in partial settlements. This means that even if all issues are not resolved, narrowing down the disputed issues can make the court process more efficient. For instance, if a divorce case involves ten issues and mediation resolves eight, the court only needs to address the remaining two. This approach reduces the overall conflict and makes the court proceedings less contentious.

Planning and Cooperation

Mediation can also help in planning and making agreements on procedural aspects. You can agree on how to file the case, serve documents, and other procedural matters, making the court process more amicable and less stressful.

Should You Avoid Court Altogether?

While avoiding court is ideal, it’s not always possible. The decision to go to court depends on the willingness of both you and your spouse to cooperate. If one party is entirely unreasonable, court may become inevitable. However, even in such cases, mediation should be attempted to resolve as many issues as possible before resorting to litigation.

Conclusion

Mediation is a powerful tool that can significantly reduce the need for court intervention. It promotes cooperation and can save time, money, and emotional stress. However, it does not guarantee that you will stay out of court. The success of mediation largely depends on your willingness to work together and the complexity of the issues involved.

Contact Family Ally

If you’re facing a family law issue and want to explore mediation as an option, contact Jennifer Piper at 314-449-9800 to schedule a consultation. 

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.