Mediation

I settle most of my cases out of court. Most parties do not want their divorce or other family law case to be World War Three. Therefore, I try in every case to find a resolution that will be fair and satisfying to both parties. Mediation is when a neutral third party helps the two parties settle their differences and reach a conclusion to their case.

Mediation can occur with attorneys present or without attorneys and with just the parties present. Most county courthouses have mediation offered for the parties in a family law case to discuss a parenting plan if there are children involved in a case. Usually this type of mediation is free or for a very low cost. Attorneys are not present during this kind of mediation. Parents are typically able to resolve these issues about when the children will spend time with each parent themselves.

Once the discovery documents have been exchanged and an asset and liability spreadsheet is created, all assets have been valued, and income has been determined for each of the parties, it is a good time to start settlement negotiations. At this time, it may make sense to hire a private mediator to assist the parties in reaching a settlement. It can be a waste of money to engage in mediation before all of this has been accomplished.

Usually the mediator is paid an hourly rate similar to an attorney’s hourly rate. It can be expensive to hire a mediator, because often the process will take all day. However, it is still much less expensive than going to trial, and the parties get to decide their own outcome, rather that waiting for a Judge to decide for them.

In my practice, I will try to reach settlements without using a mediator first, to save costs for my client. However, often times a neutral third party is a big help in getting a case resolved and an effective tool to use in your family law case.