Mediation is a popular alternative to traditional litigation in divorce and family law cases. It offers a way for couples to negotiate and resolve their issues with the help of a neutral third party. At Primus Family Law Group, we believe in empowering our clients with knowledge about all available options as well as what may happen if the issues were litigated. Here, we explore the advantages and disadvantages of mediation and discuss whether most cases settle at mediation.
Advantages of Mediation
- Cost-Effective
Mediation is generally less expensive than going to court. For example, Sarah and Tom jointly retain their mediator and agree to share the cost instead of each paying for their own attorney. In addition, as Sarah and Tom are working cooperatively to resolve issues, that minimizes the fees incurred in court battles.
- Time-Saving
Mediation can be significantly quicker than traditional litigation. Consider John and Lisa, who managed to resolve their custody and property division issues within a few months through mediation, whereas a court case might have dragged on for years.
- Confidentiality
Mediation sessions are private and confidential, unlike court proceedings which are public. This allows couples like Emily and James to discuss sensitive issues without fear that one day their children may choose to obtain their court file and read about their issues.
- Control
In mediation, the parties have more control over the final agreement. For instance, Alex and Jordan were able to create a customized parenting plan that suited both their schedules, something a court might not have been able to offer.
- Preservation of Relationships
Mediation can help preserve amicable relationships, which is particularly important when children are involved. By working together in mediation, Maria and Carlos maintained a cordial relationship for the sake of their children minimizing the trauma that can be caused by lengthy and emotionally charged court battles.
Despite the advantages of Mediation, there can be some pitfalls if not appropriately addressed:
- Not Suitable for All Cases
Mediation may not be appropriate in cases involving domestic violence or significant power imbalances. For example, if Jane feels intimidated by her ex-spouse, mediation might not provide a safe environment for negotiations.
- Lack of Legal Advice
Mediators do not provide legal advice but do explain what the law is so that each party can make informed decisions. Mediators are neutral and don’t represent either party. Some participants like Mark and Susan may choose to have their own attorneys to ensure they understand their rights and the implications of the agreements they are making.
- Potential for Inequitable Agreements
Without individual legal guidance, one party might believe they are not getting an equitable division. It is then up to the skilled mediator to ensure both sides know and understand exactly what they are agreeing to and what they are giving up by those agreements.
- No Guaranteed Resolution
Mediation does not always result in an agreement. If Alex and Jordan cannot reach a consensus, they might still end up in court, incurring additional time and expense.
Do Most Cases Settle at Mediation?
Success in mediation often depends on the willingness of both parties to compromise and communicate openly. However, cases where one party is uncooperative or where there are complex financial or custody issues may require court intervention. It is essential to approach mediation with realistic expectations and a readiness to negotiate.
How Primus Family Law Group Can Help
At Primus Family Law Group, we offer a free 30-minute phone consultation to discuss your specific situation and provide guidance on whether mediation is a suitable option for you. Our team of experienced California Certified Family Law Specialists know how to effectively and productively mediate your family law issues and support you both through the process.