If you are dealing with a family law issue, you’re probably interested
in finding the easiest, most effective way to handle your case. According
to the movies, all family law cases involve drawn-out, dramatic legal
battles where each party makes their case before a judge. While some cases
do wind up being somewhat contentious, many cases are better handled with
a simpler method—mediation.
Through
mediation, both parties can solve their legal dispute outside of court, leaning
on the guidance of their respective lawyers to help settle their family
law issues. Mediation can be used to help with a number of different legal
problems, including child support issues, child custody disputes, divorce,
and more. If you are interested in handling your case through mediation
rather than litigation, find out if it is the right choice for you.
Understanding How It Works
When you chose to work your case out in mediation, you can potentially
avoid court altogether. Through mediation, both parties will set a meeting
date with their respective attorneys, and potentially a mediator, at which
point they will discuss their issues and work towards a solution. The
goal of mediation is to find a solution that works for both parties. If
disputes arise, the mediator can suggest potential resolutions and you,
and your attorney, can decide what works for you and what doesn’t.
The Benefits
Where litigation often pits parties against one another, the central goal
of mediation is to help both parties work together to reach for a common
goal—a resolution. For this reason, mediation is often less contentious
and much less stressful.
Other benefits to mediation include:
- Mediation often takes less time than litigation
- Scheduling mediation meetings is often much easier than court dates
- Mediation is usually less contentious and is easier on relationships
- The cost of mediation is often much lower than that of litigation
- Mediation is more private
- Mediation is typically easier on children
When To Choose Litigation
For some families, mediation is simply not an option. Mediation works best
for individuals who already agree on many of the major issues of their
case. For example, if two parents are dealing with a custody issue and
they both agree on the child’s living arrangement but need help
creating a new parenting plan, mediation might be a great option for them.
Although mediation has several benefits, it can be detrimental to your
case if you try to make mediation work when your case requires more attention
and court involvement. For example, if you are dealing with an extremely
contentious spouse or co-parent, litigation might be the only way you
can reach an agreement. In court, a judge will hear either side of the
issue and your respective attorneys will help advocate for your interests.
Ultimately, the court will decide how your case will conclude, which can
help you avoid unnecessary, unhelpful, even dangerous, interaction with
the other party.
If you aren’t sure whether or not mediation will work for your case,
consider discussing your options with an experienced family lawyer.
Contact The Law Firm of Wayne F. Crowe, Jr., P.C.
today to discuss your family law case with our Bronx divorce attorneys.