FAQ’s About Mediation

Q: What is the difference between mediation and family law litigation?

A: When a couple engages in family law litigation they each hire an attorney to represent them during the divorce if they can afford to do so. The attorneys will communicate with each other and exchange information on behalf of the individuals seeking a divorce. If there are issues of contention between the individuals, the attorneys may request for these issues to be heard in front of a judge.

When a divorcing couple engages in mediation, both individuals will go to a trained family law mediator and will meet with the mediator together to discuss their issues and reach a compromise. The family law mediator will act as a neutral third party and facilitate discussions between the individuals regarding these issues. These compromises will then be formalized into a written agreement.

Q: What does a family law mediator do?

A: A family law mediator will act as a neutral third party and help facilitate discussions between the couple seeking a divorce. The mediator will also identify issues and ask questions with the goal of finding a solution that will benefit both individuals. After solutions have been reached between the two parties, the agreement will be formalized into a written document.

Q: Why is mediation a more cost effective alternative to family law litigation?

A: Costs associated with family law litigation are usually inflated by animosity between the two individuals seeking a divorce. When the parties are unwilling to cooperate, the attorneys will have to go back and forth on issues or appear at court to advocate their client’s position due to the inability of the divorcing individuals to reach an agreement. When divorcing individuals enter mediation, an atmosphere of goodwill is fostered and issues are addressed head-on. This environment aids in the prevention of drawn out arguments, which may result in additional fees and costs.

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