Understanding Mediation in a Divorce~ 3 min read
Mediation is a process that can help you resolve disputes without going to court. It is especially useful in family law cases, like divorce or child custody, where emotions run high, and the traditional court system can be overwhelming and costly. Understanding how mediation works, and its benefits can make the divorce process smoother for you and your spouse.
How Does Mediation Work?
Mediation uses a neutral third party, known as a mediator, who helps both sides to reach an agreement. You can choose to hold your mediation with or without your attorney. Here’s a step-by-step breakdown of what typically happens during mediation:
- Initial Meeting: The mediator meets with you both together. This can include a preliminary meeting with the attorneys to discuss goals and expectations. The mediator will collect important information such as financial documents, pay stubs, tax returns, and any other relevant documents.
- Information Sharing: During the first session, everyone shares their goals and the information they brought. This open exchange helps you both to understand the other’s positions. It’s important to be honest and forthcoming to make the mediation process work.
- Discussion and Brainstorming: The mediator facilitates discussions on various topics. Even seemingly unrealistic options are considered, as this can lead to discovering new solutions. For example, if there is a disagreement about how to pay for a child’s college education, you may need to research actual costs and available scholarships.
- Assignments and Homework: Typically, a mediation isn’t completed in a single meeting. You might be asked to gather more information or complete specific tasks before the next session. This could involve researching costs, gathering additional documents, or consulting with experts.
- Follow-Up Meetings: After each session, the mediator will send out a summary of what was discussed and what needs to be done before the next meeting. This keeps everyone on the same page and knowing their responsibilities.
- Drafting Agreements: Once you and your spouse have reached an agreement, the mediator can draft the settlement documents, or you can have your attorneys do so. These documents are reviewed by you both and your attorneys. Any necessary changes are made, and sometimes there may be another meeting held to finalize the details.
- Finalizing the Settlement: The final agreement is then submitted to the court. One of the biggest advantages of mediation is that you can often avoid going to court entirely. The agreement is submitted as a settlement, saving time and money.
Benefits of Mediation
- Cost-Effective: Mediation is less expensive than going to court because it avoids lengthy litigation and the associated legal fees.
- Control: You have more control over the outcome. Instead of a judge deciding, you and your spouse work together to find a solution that works for both of you.
- Confidentiality: Mediation is private. Court cases are public records, but mediation keeps your personal matters confidential.
- Creativity: Mediation allows for more creative solutions tailored to your family’s unique situation, which might not be possible in a court ruling.
- Less Stressful: The mediation process is generally less adversarial and stressful than going to court. It encourages cooperation and communication.
Conclusion
Mediation is a valuable tool for resolving disputes, especially in family law cases. By understanding the process and benefits, you can approach mediation with confidence. It’s a flexible, cost-effective, and less stressful alternative to traditional litigation, offering a chance for you to come to a mutually agreeable solution.
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.
