Though we will be discussing meditation and looking at it through the lens of family law cases, it is important to identify that mediation can effectively resolve many disputes. Regardless of the source of the conflict, we want to stress that one of the best reasons to choose mediation (in addition to it potentially being a timely and cost-effective solution) is that you get to retain an element of control that you wouldn’t normally have in court.
What Do We Mean by “Control?”
If you are divorcing for the first time—and we hope you never have to go through this again—you may have an altered sense of how this process works. For instance, you may envision that the only way this concludes is by a judge making a decision. Not only is that incorrect, but there are several reasons why a couple would not want a judge to make the final decision for them.
A litigated divorce could easily cost tens of thousands of dollars, and it could likely get drawn out for months or years. As a newly divorced couple, you must accept that your financial situation will change. Although there are situations where litigation is the only solution, it should not be your first option. Don’t lose your savings or sacrifice your financial security because you insist on “going to court.”
Additionally, we will point out that when you pursue litigation, you have an active role in determining the outcome. Ultimately, you cannot have a resolution unless you agree to it. This is drastically different from waiting on a judge to decide something as important as your child custody situation. Don’t dismiss the possibility of mediation because you aren’t communicating well (or at all) with your spouse. You will be in separate rooms with your attorneys, and a trained, neutral, third-party mediator will go between rooms.
Everyone involved is looking for a mutually-agreeable solution. The question is whether you and your spouse are open to the possibility of finding a resolution through compromise and negotiation.
Nothing to Lose…
…and everything to gain. If you and your spouse share children, then your divorce is not the end. Think of it as the day you switch from being a married couple to co-parents. The results of your family law case will impact both of you! Mediation is the time to shape an agreement that will last for the long term. Use the control you have to lay the foundation of your co-parenting relationship.
Whatever happens during mediation will remain confidential, and you are not obligated to arrive at a resolution. Unlike when you are in court, you can walk away. However, you should come to your mediation with the intention of finding a solution. You may not know what it looks like, but you have your attorney, yourself, and a mediator to support you.
Fraser, Wilson, & Bryan Offers Mediation Services
Any solution you can agree to is permitted! Take control of your situation and future by choosing to utilize mediation. If you have further questions about how mediation works or how it can benefit you, contact Fraser, Wilson, & Bryan, P.C. to schedule your free consultation today.
