While some divorce or custody cases do end up going to trial where a judge makes a final decision on the particulars of your case, most divorces settle before getting to trial. The most common way for matters to settle is through mediation. You are usually required to at least attempt formal mediation before a case is even allowed to proceed to trial, so it is often advantageous to attempt mediation early in your case. Mediation can save a lot of the time and money that are needed for a trial and gives you greater control over the final outcome of your case.
The mediators we use have a great deal of experience with family law cases; usually attorneys or former judges with years of experience handling cases like yours. While mediations can be held in person, most are done virtually. In either case, the two parties and their attorneys are separate from each other, and the mediator transitions back and forth between the two sides. Good mediators will do much more than just pass offers back and forth. They will help parties see the bigger picture and the possible outcomes if a settlement is not reached. While it is often advantageous to settle, you always have the option in mediation of not accepting a settlement offer and continuing to move forward with litigation. Your attorney and the mediator can help you understand what that route will entail in your particular case.
The benefit of a successful mediation is it will usher in the close of your case and allow you to move on. If an agreement can be reached, the attorneys and the mediator will draft a stipulation that both sides will agree to and sign. That stipulation will be turned into a decree of divorce or final order for your case which is submitted to the court. Once that is signed by the judge, your case is resolved and you can move on with your life.
A mediation that doesn’t end in a full resolution is still not a waste of time. A lot is revealed during mediation about what the other side wants and what their strategy might be. Even if we can’t come to a full resolution at mediation, we are often able to agree on certain portions of your case, which can narrow the scope and reduce the cost of any future litigation. Sometimes Mediation can reveal new facts or issues that need further clarification. If that is the case we might choose to come back for mediation at a future date when more information will be available. No matter how complex or contentious your case may or may not be, mediation is something you should plan for and use to your advantage.