CONTRARY TO THE GLAMOUR, excitement, and vindication portrayed by courtroom dramas, litigation is rarely all it’s cracked up to be. As a board-certified family law attorney, I’ve been trying cases to both judges and juries for over a decade, and while some cases have no other option but to be decided in a courtroom, most benefit from pursuing an alternative dispute resolution process like mediation.
Mediation is a process created to help parties reach agreements regarding their conflicts without the need for court intervention. The parties and their attorneys (generally in separate rooms) meet with the neutral mediator, who helps to communicate offers and brainstorm ideas for resolution. If the parties are able to reach an agreement, the agreement is written into a “Mediated Settlement Agreement,” which is binding on both the parties and the court.
So, how might you know if mediation is the right option for you? Here are the top 3 reasons it might be:
Creativity:
Judges are limited in what they can do and the rulings they can make, both by law and practicality. If you decide to litigate, the judge will likely hear only a few hours of testimony and evidence and will have to apply what she or he has heard to the law and come to a decision. Those decisions are often far more “cookie cutter” than what is good for either party. In mediation, the parties can largely throw the rule book out the window and craft a creative solution that works for that particular conflict or family. The ability to customize provisions is especially useful when dealing with children, whose schedules and needs are never the same as that of other children.
Cost and time savings:
There is no way around it- litigation is costly, both in time and in money. Attorney’s fees for both parties can easily go into 5 figures or more, and depending on the court’s schedule, parties sometimes wait a year or longer to get to a final trial. Mediation, on the other hand, can be scheduled in a fraction of the time and costs only the mediator’s fees and the attorney’s fees charged to prepare for and attend mediation. Depending on the attorney, the issues, and the area, the financial savings can be substantial.
Control:
Similar to the creativity allowed by mediation, the parties taking advantage of this process also maintain control over the outcome of the conflict. The parties, not the mediator, the judge, or the jury, make the ultimate decisions. On the other hand, when you walk into a courtroom to try a case, you are handing the outcome to a stranger (or strangers) who do not know you or your situation but will make some of the most important decisions in your life. This is again especially important when dealing with divorce cases, as parents are the ones who need to make the big decisions about their children, like where they go to school and where they live primarily.
These are only a few of the many reasons that mediation might be a good fit for your case. Be sure to discuss your particular situation with an experienced attorney.
Want to learn more about why mediation might be a good choice for you? Contact Albin Oldner Law Today!
If you are in the middle of a dispute and are considering mediation, the team at Albin Oldner Law is here to help you decide if mediation may be right for you. Contact us at 214-423-5100 to speak to an experienced mediation attorney today, or fill out our contact form!
