| As an attorney, one of my primary goals when helping | | | | necessary. |
| a client is to minimize the stress and cost of their | | | | PERSONAL RESULT: |
| divorce. Considering alternatives such as mediation is | | | | Mediation allows you to be creative and find a result |
| essential if I am to meet that goal. Understanding the | | | | that works for you and your family. The courts try |
| benefits and challenges of mediation help explain why | | | | hard to give everybody a fair result, but with the limited |
| it has increased in popularity the last few decades. | | | | time they have they cannot understand your family as |
| Mediation has become more common for a few | | | | well as you. Your day to day knowledge of the people |
| reasons. The first is that most outcomes are | | | | and relationships that make up your family allow you to |
| predictable. In most cases, litigating a divorce just fuels | | | | find creative solutions that take into account your |
| the fighting while doing little to alter the final result. I am | | | | families specific needs. |
| not saying all cases are the same, but there have | | | | COST: |
| been so many divorces it is unlikely yours brings up an | | | | Mediation tends to be much less expensive. It is |
| issue the court has not seen before. There are some | | | | important to realize that mediation does not lessen the |
| cases that raise such unique scenarios and genuinely | | | | workload. It takes the workload that your attorney and |
| need the court to intervene, but it is important to realize | | | | the court would be handling and shifts much of that |
| these are the minority of cases. | | | | work to you. A mediator's role in this is to help you |
| The second reason involves the courts workload. The | | | | handle this workload by providing you with the legal |
| Courts continue to be overworked and underfunded. | | | | background you need. In addition a mediator will help |
| The courts face an unending caseload. To top it off | | | | you deal with formalities and paperwork of your |
| they have had their budgets cut to bare minimums. | | | | divorce. |
| With the courts receiving less funding and still having to | | | | Along with numerous benefits mediation does have |
| keep up with the same caseload, judges find | | | | one particular challenge. Managing conversations about |
| themselves having to work through cases quickly. | | | | difficult issues between two people who probably do |
| Mediation may provide a more personal and cost | | | | not like each other very much at the moment can be |
| effective way to resolve your divorce without feeling | | | | challenging. This is part of what a mediator brings to |
| like your just another case. | | | | the table. The mediator should be able to direct |
| As mediation has become more commonly used for | | | | discussions; limit fighting by controlling blame, |
| family law some benefits have become more evident. | | | | accusations and insults; and make sure both spouses |
| Some of the benefits of mediation may include: | | | | are heard and stay focused on the issues. These are |
| 1. A more comfortable and convenient setting that the | | | | not always easy things and require many judgment |
| court. | | | | calls on the part of the mediator, but it should be little |
| 2. A more personal result. | | | | more than a bump in the road as long as both parties |
| 3. A more cost- effective approach. | | | | are motivated to reach a settlement. |
| COMFORT AND CONVENIENCE: | | | | Mediation may not be perfect for every case, but I do |
| The atmosphere of the court is not quite inviting. | | | | believe that it should always be considered before |
| Standing in front of a room full of strangers in front a | | | | moving on to more hostile and expensive methods. I |
| judge asking you questions can be unnerving. I am not | | | | encourage people to look over the benefits of |
| saying mediation is easy, but sitting down in a private | | | | mediation and consider it when going through a divorce |
| room with just you, your spouse and a mediator will | | | | or dealing with the modification of divorce issues. |
| likely be more comfortable. | | | | This article is meant only to provide information and is |
| In addition scheduling is much more flexible with | | | | not intended as legal advice. If you have questions |
| mediation. Trying to find a court date at 8:30 am that | | | | concerning your particular case you should make an |
| works for you, your spouse, both attorneys and the | | | | appointment to talk to an attorney about your options. I |
| court can slow down the process. Scheduling a | | | | would love to hear what other family law issues you |
| session with one mediator is generally much more | | | | find important. Please e-mail me your questions at and I |
| flexible and many mediators will go as far as | | | | will try to address them in future articles. |
| scheduling sessions on weekends or evenings if | | | | |