Divorce is never easy, even in more amicable separations. Sometimes, divorce proceedings may start off cordial and friendly, but disagreements about how, for example, belongings and assets should be divided may result in rising tensions. Other times, the exact opposite, the separation is full of conflict and controversy from the start. In situations where agreeing is difficult, at best, some couples turn to mediation to resolve their differences. But, does choosing to settle in mediation over litigation negatively impact your case?
Most Cases Settle in Mediation
Unfortunately , no attorney can guarantee that your case will settle in mediation or that you will have a favorable outcome in Court. However, in our experience, most of our cases settle in Mediation. Mediation is a place where both parties can reach a creative resolution, uniquely tailored to their case and their family’s needs. Mediation is a setting where the parties still have control over the outcome, control over their future. When the Court is involved, the parties lose control over their futures and are subject to the Court’s ruling. It is important to keep in mind, while Judges and Commissioners try to do what is equitable and make the best rulings they can, they do not know you and your family. A Judge or Commissioner only reads about your family on paper and allows your attorney a certain amount of time to advocate for you and thereafter, makes a decision that affects your life and when applicable, the life of your children, drastically. Therefore, it is often best to attempt mediation before litigation.
The Value of Mediation
The purpose of a mediator is to help both parties come to a fair and reasonable settlement offer. Mediation allows you to have more input on what you are willing to compromise on and how much you’re willing to compromise. One of the signs of a successful mediation is that both sides compromise, neither side leaves feeling as if they “won”. While that probably means that neither party gets the settlement they initially had in mind, both are more likely to be more satisfied by the end because the result was their decision.
Mediation offers an alternative method of settling divorce disputes than pursuing litigation l and having a Judge or Commissioner that does not know you or your family, decide how often you should see your children, divide your belongings and assets, etc., for you. With the help of a mediator and an attorney experienced in family law negotiation, you can come to a settlement agreement with your ex and maintain control over the future of your family and yourself. If you’re concerned about your ability to negotiate a fair settlement on your own, don’t worry–you can always have a Just Law Family Law Attorney in your corner.