The Role of Mediation in Family Law Dispute Resolution
If you’re in the midst of a legal dispute but would prefer never to step foot in a courtroom, consider mediation. Mediation is a type of alternative family law dispute resolution that can help you solve contested issues amicably without the need for courtroom drama.
Below, Thomas N. Scheffel & Associates, P.C., Denver, CO’s experienced family law firm, explains what mediation is and how you can benefit from non-combative dispute resolution.
What Is Mediation and How Does It Work?
In Colorado, parties are required to participate in mediation before they will be allowed to proceed to a final permanent orders hearing. During mediation, a neutral third party meets with the parties and their attorneys to help families resolve their disagreements and reach a solution that works for everyone. Mediators can’t offer either party specific legal advice, but they can provide input and suggestions to resolve conflicts and discuss solutions that all parties might be happy with.
Mediation is ideal if you’re going through a divorce or legal separation and are still on at least somewhat friendly terms with your soon-to-be ex. In mediation, you can come to more creative solutions for child support, child custody arrangements, alimony, and property division than what the court may be required to order in your case.
Mediation has other applications in family law as well. For example, suppose your brother wants to place your aging mother in a nursing facility, but you’d prefer to keep her at home where she’s comfortable. A mediator can help you look at the issue from every angle, provide input as to how the court may rule in your situation, and find a solution that works for everyone.
What Does a Mediator Do?
Mediators do much more than act as simple referees. During family law dispute resolution, a mediator can:
- Prompt constructive communication: Not everyone has the greatest communication skills. Mediators are trained to teach parties in a dispute how to communicate without hurling insults and blame.
- Aiding in negotiations: As a neutral-third party, mediators don’t represent either party, so they don’t offer solutions that benefit only one person. Rather, they work with all parties involved to help them negotiate and come to an agreement that’s acceptable to everyone.
- Providing general legal information: As mentioned above, mediators aren’t allowed to provide specific legal advice. However, they can offer general legal information and provide advice as to how the mediator believes the court or a particular judge may decide certain issues to help both parties make decisions.
- Drafting agreements: After reaching an agreement, the mediator will draft a document memorializing the agreement that the parties and their attorneys can review and sign. Once both sides have signed the agreement, it becomes legally binding.
Benefits of Mediation in Family Law
Why choose mediation as your method of family law dispute resolution? When you opt for mediation, you’ll enjoy appealing perks like these.
Preserves Relationships
Not everyone involved in a domestic relations legal dispute hates the other party. Often, they’re still on friendly terms and would rather not damage that relationship. Because mediation is far less combative and aggressive than a court trial, you’ll find that the focus is on preserving relationships, not destroying them.
For example, if you have children with your soon-to-be ex, it’s wise to maintain an amicable relationship with your former spouse after divorce for the sake of your kids. Or suppose you’re arguing with your sister over who should have power of attorney over your mother. Mediation was made for disputes like these.
Easier on Children
The negative impact of family disputes on children is well documented. During litigation for a tumultuous divorce, children see their parents at their worst. They can become withdrawn, anxious, and depressed. They might stop spending time with friends or do poorly in school.
Mediation spares your children from the long and drawn out nightmare of litigation. They’ll see you and your ex working as a team, not fighting each other as enemies.
Puts Control Back in Your Hands
During litigation, the judge has the final say, not you. This can be frustrating because the judge, who knows very little about you, your situation, or your family might make a decision that you don’t like.
Mediation, on the other hand, allows you to negotiate for a solution that all parties find acceptable. Family law dispute resolution is ideal if you want more control over the decision-making process.
Saves Time and Money
Court battles are time-consuming and wallet-draining affairs. Nobody wants to take time out of their busy day to spend hours preparing for court and hashing things out in front of a judge. Litigation also drains family resources — money that you could instead use to pay the bills or support your children.
When you choose mediation, you won’t have to spend ages arguing your case in court. In most cases, mediation is completed in a day or less. Mediation is also far cheaper because you’re not spending thousands on lawyer’s fees.
Cuts Down on Stress
Litigation is an inherently stressful process. It’s difficult to endure an onslaught of questions from your opponent’s attorney under the steely gaze of the judge.
Compared to litigation, mediation almost seems like a vacation. You can meet in a relaxing space, such as a coffee shop or even your living room. It’s far less stressful than having a judge and a team of lawyers breathing down your neck.
Allows for Creative Solutions
Judges are busy people who don’t have time, or the authority, to come up with creative solutions. Thus, they make decisions by the book and don’t care whether you like them or whether they are best for your family.
If your situation is complex, such a cut-and-dry decision might not benefit you. Mediation allows you to find flexible solutions that satisfy you and other parties in the dispute.
Who Should and Shouldn’t Use Mediation?
Mediation is ideal for parties who are on at least somewhat amicable terms. All parties involved should be willing to negotiate and hear the other side out. If one party has an “it’s my way or the highway” attitude, mediation won’t work.
You should never use mediation for cases involving domestic abuse. Neither do we recommend it if one party wields a large amount of power over the other. For example, if your spouse has a substantial amount of premarital assets and you don’t, they’re unlikely to be interested in this method of conflict resolution.
Interested in Family Law Dispute Resolution? Contact Our Firm
Want to learn more about mediation and find out whether it makes sense for you? Reach out to Thomas N. Scheffel & Associates, P.C., at (303) 759-5937 for a consultation.