Virtually all family law cases are referred to mediation prior to being able to go to trial.
This means that whether you are involved in a divorce, paternity, or post-judgment case, you will likely find yourself in the position of attempting to negotiate a settlement with your ex.
There Are 4 Outcomes To Mediation
- full settlement
- partial settlement
- continuation
- impasse
While some people want their day in court, mediation is the best opportunity to fashion an agreement that works best for your particular situation. No one knows your family better than you and your ex.
The judge assigned to your case sees hundreds of families each year for a relatively short amount of time. This does not provide them with a great deal of insight into your family’s individual needs.
The judge is not concerned with making anyone happy at the end of litigation. They are tasked with doing what they feel is in the best interests of your child(ren), attempting to fashion an equitable division of assets and liabilities, and to possibly determine if one spouse is entitled to alimony.
They usually have to make all of these decisions based on information presented in a trial that might last a day.
Benefits of Mediation
Mediation provides parties the opportunity to explore different options that will work for their family with the help of a neutral professional who is there to provide guidance and to assist you with drafting an agreement.
Mediation offers you a great opportunity to take your case out of the legal system putting you back into ultimate control.
If you have an attorney, your attorney will also attend mediation and be there to offer advice and alternative solutions to various issues.
It is important to understand that mediation is the time for you and your ex to determine your solutions. Once your case goes to trial, you lose control of the outcome.
A successful mediation requires both sides to be willing to compromise and to reach a solution that they can both follow.
Prepare For Mediation
Before going to mediation, you should meet with your attorney and talk about your goals for settlement. Know what your perfect agreement looks like and know what items you are willing to compromise in order to settle the case.
Talk to your attorney about realistic goals and which items are worth litigating if you are unable to agree.
Be sure to discuss any questions you may have about the mediation process with your attorney beforehand so that the time you have at mediation is used productively. The better prepared you are to negotiate, the better the outcome of mediation. Of course, if you have to go to trial, ensure that you have skilled trial litigator on your side.
Call Men’s Rights Law Firm for a phone consultation to discuss your particular circumstances at 239-829-0166.
