Mediation in family law

When it comes to family law cases, nothing frustrates more than a contested case! Contested cases tend
to take longer than they otherwise would. When one is served with papers, he or she is given twenty
days to file their ‘Answer’. After that, you can expect to wait a long period of time (anywhere from one
month to two months or longer) as disputes arise against discovery, motions are filed or when hearings
have to be attended for things such as time-sharing, temporary support or attorney’s fees.
When a family law case is filed, you may find that one party is able to pay their attorney fees while the
other is not. In such cases, it normally pays to try to reach a temporary support agreement as opposed
to injecting money into the attorney’s fees or spending time waiting for a temporary support hearing.
Granted, different circumstances call for different solutions. However, in most cases opting for
mediation to resolve arising issues is better than dragging on the court case. Mediation is especially
important if safety is not an issue. Of course, mediation may not be what one of the parties wants
especially if their ulterior motive is to delay proceedings for their own advantage.
Mediation can be a time and money-saver if both parties work to resolve the case as soon as possible.
No matter how complex a case may be, mediation is a good attempt to try and resolve a litigated case as
early as possible. Mediation is especially important when both parties realize that conflicts can only hurt
them and their loved ones (children in case of a divorce).
With mediation, both parties make a decision to settle the case irrespective of how it might have turned
out if it were presented before a judge. A number of family law cases have to go through mediation
before a trial. In most cases, both parties may agree that it is best to try and resolve their issues out of
court since there may be an uncertainty on how the judge may rule. In addition, both parties may agree
that a litigation process may not only be a lengthy one but one that drains their pockets and creates
animosity as the proceedings go on.
Both parties in the litigation case can opt to settle the case in a manner that they deem fair regardless of
how the law might have ruled. When it comes to children, if both parents come to an agreement with
regard to the children’s welfare then they will still have to present said agreement before a judge so that
the judge may sign off on it. This is because orders regarding children do require certain requirements.
Considering that two different parties are involved in a given case, you can expect that both see things
differently. As such, a mediation process can be a way to bring both parties to a common ground. Of
course, each party throws in their point and wishes the other to see it like they do but this may not
always be the case. In such a case, the mediator strives to come up with a common ground in which
both parties can be comfortable with the final decision.
The mediator will provide alternatives and come up with possible solutions to given problems. The
mediator has to strive to maintain a neutral position and come up with solutions to arising scenarios
then present the same to both parties. Ideally, the mediator needs to be impartial to both parties if the

process is to work in a fair light. The process can day days or even weeks depending on what are being
discussed.

Submit a Comment