Family Law Meditation: What to Know Before You Go

Many people going through the divorce process attempt mediation at some point before going to trial. Mediation is a less formal and less expensive process than going to court. Mediation is intended to be less antagonistic than battling in court and can result in an agreement created by the parties, rather than an agreement created by a judge.

A mediator is typically an attorney who is familiar with family law and can help both parties better understand how their positions will be treated in a court. Understanding how a court might rule can help a person who is fighting a losing battle come to an agreement without the time and expense of going to court. The mediator’s role is to help the parties come to an agreement though, and is not to advocate for either party’s position.

It is extremely helpful to understand your rights under the law before you go to mediation and to understand how the court might rule in your favor, or against your position. Mediation is far more flexible than a court and allows the parties to make an agreement that fits their particular family, which means it may not directly follow the law. As long as the resulting agreement is fair to all parties and both parties agree to the terms being in the best interests of the children, a court will sign the agreement into an order.

A family law attorney can help you understand your best case scenario in a court before you begin mediation so you better understand the risks and rewards of mediation and you can feel comfortable with the agreements made in mediation. It is also wise to know when you should not agree to something in mediation and when it may actually be better for you to go to court. Limited scope representation may give you the peace of mind to mediate without paying a big retainer fee.

Information provided in these pages, including blog posts, is for general informational purposes only and does not constitute legal advice. Please consult an attorney, or contact Christine Callahan at ccallahanlaw@gmail.com for more case specific information.