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Does Mediation work?

Posted on June 10, 2016 at 3:58 PM
Mediation can be a good tool for certain sets of people in family law cases. In some jurisdictions, a certain amount of mediation is required before you delve too deeply into your court case. Mediation can help facilitate settlement. However, if the two parties are too far apart or have poor communication skills with each other, mediation can be an expensive detour from the process. Some cases are made for mediation and some are not. A good attorney can tell the difference. Some might be in a grey area. A good attorney can tell you that as well. In my experience, a lot of people look to mediation to keep costs down. Also in my experience, it rarely does that. If money is truly an issue, I would probably suggest to a client that each party talk to an attorney to see if this case is right for mediation. If both say yes, then try mediation. In this way, you will only have a consult fee for an attorney (one for you and one for spouse or ex-spouse in the case of modifications) and then also pay a mediator for his or her time. On the other hand, without at least doing a consult first, you may think your case is ripe for mediation and find out that it is not and that you cannot come to an agreement. At that point, you have to do everything you would have had to do in the court system and you've already spent a great deal of money in mediation, perhaps as much or more than you would have spent on a retainer.  And additionally, no progress has been made. A consult might also give you an idea of the range of what you can reasonably expect if the case went to trial so you know that you are not agreeing to a bad deal for yourself.  

Categories: Divorce

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