Benefits of Divorce and Family Law Mediation - Alternative Dispute Resolution Mediators

From reality television shows to personal experiences, divorce has become increasingly apparent in today’s society and now plagues 50% of all first marriages. The outlook for all consecutive marriages after the first is even worse. Divorce not only affects the distressed couple, but all parties involved including family, friends and especially children. Family law mediation works to resolve all issues including child support, equitable distribution and custody matters. While some couples can cordially resolve their marital differences, there are others that will not compromise on irreconcilable issues, such as custody of their child or ownership of the house. While traditional court litigation is still the most common type of legal action being used for contested divorces, there are other cost effective methods that married couples are now considering. Divorce and family law mediation is a method of alternative dispute resolution (ADR).

During the divorce mediation, an experienced mediator facilitates the communication between the couple. The primary job of the mediator is to provide information and suggestions to help resolve differences in a civil and cost-effective manner. Depending on the fallout of the relationship and severity of the communication breakdown caused by the divorce, mediation may or may not be the right choice for the couple. Mediation requires the husband and wife to be able to communicate with each other. Both parties must feel comfortable with the selected trained mediator or the mediation process will not be successful. The mediator does not provide legal advice to either party. As such, both parties should have legal counsel. However, mediation is generally far less costly than traditional litigation. Mediation is more geared toward those who have a few areas of conflict compared to those who have large differences. Rather than hiring an attorney, couples choose an experienced mediator.

Mediators are generally less expensive compared to a divorce case where attorneys handle the entire litigation. A mediator is hired to do the majority of the leg work, resolving differences and property disputes. If both parties split the costs associated with a mediator, it can significantly decrease cost by simply reducing the amount of billable hours of the attorney. At the end of the mediation process, the couple should have a complete divorce agreement. Even when the husband and wife choose the path of alternative dispute resolution, a licensed attorney will still be required to draft and review the legal documents for the divorce court. Mediation services are not only exclusive to divorce. Civil mediation can be used in a variety of civil litigation cases, as well as employment, medical malpractice and personal injury cases.