Why Mediation Is Your Best Alternative to a Court Case

We frequently hear from families who want to do anything they can to avoid airing their issues out in the courtroom. This can make an already challenging situation feel like a defeat, regardless of who comes out “on top” in the end. A courtroom often just adds to the tension of the situation.

This is exactly why we frequently advocate for mediation – especially in family law cases. Mediation brings all parties together to sort through the issues at hand and can often resolve your case quickly. When you are filing for a divorce, you could greatly benefit from bringing in a mediator to help you solve your issues.

Your marriage is ending for a reason (or reasons). Oftentimes, spouses struggle to find the middle ground in their divorce just like they struggled to find the middle ground in their marriage.

We have seen numerous cases where neither side is willing to budge. A mediator will take a neutral, third-party perspective on your situation and provide you both with potential solutions to what currently divides you.

If you aren’t able to find the middle ground in your divorce, the court will do it for you. The courts do not have unlimited time to sit through days or weeks for every single divorce case.

The court will eventually rule on the issues in order to move on, but a mediator allows you to work together outside of the courtroom to find the solutions. The findings of a mediator are NOT legally binding, so you maintain control over the situation instead of being forced into a final resolution that may or may not benefit either party. Arbitration, unlike mediation, is legally binding.

In mediation, the first hearing is often a fact-finding session for the mediator to get an understanding of your divorce case and the issues you are unable to agree on. After this, a second and any subsequent hearings can move your case along quickly.

As we noted above, the court isn’t going to let your case drag on forever, but often contentious issues like the division of assets can slow down any case and prolong the inevitable. Mediation ensures you can get a resolution earlier as long as you are willing to participate in the process.

Mediation is not like arbitration which is legally binding. Mediation simply provides solutions to your legal dispute without having the stress of sifting through your issues in the courtroom. At The FAB Law Firm, we believe in helping our clients choose the best path to what they need out of their legal situation. Call our offices for compassionate representation that will keep your best interests front and center.