Today more and more family law cases are resolved in mediation. Only a very small percentage end up in court and of those even fewer end up in a trial. The cost of litigation is prohibitive and even if one party wins, they often have not won after they are required to pay their legal fees.
Family mediation is a way of keeping families out of court. It’s particularly effective because families are based on relationships and family members want to focus on how they feel and how they are going to manage emotionally and financially in the future without their partners. These concerns and fears can be addressed in mediation and creative resolutions can emerge based on the law but not as rigid as the resolutions a judge will impose in a court setting.
Another significant benefit of mediation is that it allows families to craft their own agreements rather than having a judge tell them what needs to be done. When spouses have a hand in making their own agreements they are able to accept the terms more readily and move forward in a more positive way.
The sooner the financial and emotional ties are severed and resolved the sooner families can focus on moving forward. If there are children involved, parents will be required to have a long-term relationship with their ex-spouses while the children grow up so if they can begin by resolving their issues in a mediation there will likely be much less animosity going forward.
FAQ
1) How long is mediation in family law?
Mediation does not have a fixed length and can vary depending on the number and complexity of the issues and the people involved but typically mediation sessions in family law will range from a few hours to a few days.
2) Who attends a family law mediation?
Usually the participants in a family law mediation include the spouses, their lawyers, and the mediator who is a neutral party that will help guide the discussion and work toward resolving the issues.
3) What kinds of issues are discussed during a family law mediation?
Common issues discussed during a family law mediation are division of property and debt, spousal and/or child support, parenting schedules, and how an agreement will be drafted after the mediation is concluded.
For more information and to book an appointment, please call us at 250-590-6226 or use our contact page.
Deborah A. Todd
