Family law cases, such as divorce, child custody disputes, and property division (equitable distribution), can be emotionally charged and difficult to navigate. While going to court may seem like the most straightforward solution, it’s often not the best option for all parties involved. This is where mediation comes in as a process that offers a less adversarial approach to resolving conflicts.
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) in which a neutral third-party mediator helps the parties reach a mutually acceptable agreement. In family law cases, mediation often resolves issues such as divorce and division of assets, child custody and parenting time plans, child and spousal support, and prenuptial or postnuptial agreements.
The mediator does not make decisions for the parties but instead facilitates communication, helps clarify issues, and encourages collaboration. The goal is to help both sides reach a solution that works for everyone, particularly in cases involving children where the goal is to reduce conflict and protect the child’s well-being.
How Does Mediation Work?
The mediator starts the process by hearing from both parties (sometimes in a joint meeting, sometimes separately) to crystallize the issues involved in the matter and to determine the goals of each party. This helps the mediator understand the concerns and objectives of both sides and provides the mediator with an opportunity to determine if the parties need to complete any “homework” before their next session, such as getting an appraisal or consulting with a tax expert.
After an initial meeting, the mediator should be in a position to start the negotiation process in earnest. There is no way of knowing how many sessions will be necessary to settle a matter. However, during each session, the mediator will guide the conversation, encourage open dialogue, and help each party express their concerns. The mediator facilitates discussions to help both parties find common ground.
Once both parties agree on the terms, the mediator can prepare a written agreement that allows the parties to memorialize their settlement. Alternatively, if the parties have attorneys, the attorney can draft a written agreement.
Benefits of Mediation in Family Law Cases
- Cost-Effective: Going to court can be expensive due to attorney’s fees, court costs, and other associated expenses. Mediation is often far more affordable because it typically requires fewer hours and can be done outside of the formal court system.
- Time-Saving: Family law cases can drag on in the court system for months, or even years, before reaching a resolution. Mediation usually takes far less time — helping to resolve matters more quickly.
- Less Stressful and Less Adversarial: Court proceedings can be emotionally draining, especially when dealing with sensitive issues like child custody. Mediation fosters a cooperative atmosphere where both parties are encouraged to work together. This approach reduces the stress and hostility often associated with courtroom battles.
- More Control Over the Outcome: In mediation, both parties have an active role in the negotiation process. Instead of leaving decisions in the hands of a judge, both individuals can work together to create a solution that works for them, particularly in terms of parenting plans and financial agreements.
- Confidential: Unlike court proceedings, which are at least partially public records, mediation is confidential. This means that discussions and agreements reached during mediation cannot be used in court if the process does not result in a settlement. This confidentiality often allows for more open and honest communication.
If you are considering mediation for your family law dispute, it’s important to work with an experienced mediator or family lawyer to ensure the process runs smoothly and effectively. If you have questions about mediation, contact the experienced family law attorneys at Cohn Lifland Pearlman Herrmann & Knopf LLP.