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Eight Tips for a Successful Mediation in a Family Law Matter
Mediation has become an important component in family law proceedings. Going to trial ' once you finally get there after waiting months, sometimes years, due to busy court dockets and unnecessarily prolonged litigation ' is expensive, takes quite an emotional toll on the parties and, at the end of the day, requires waiting for an uncertain result because no one can truly predict how the judge is going to rule. Accordingly, while court intervention in family law matters is sometimes inevitable, in the vast majority of cases it is in both parties' interests to resolve their divorce, post-dissolution issues, paternity action, or other family law matter in mediation. This article offers eight tips for making the most of mediation in a family law matter.
1. Scheduling the Mediation
The first step to ensuring a successful mediation begins before the mediation is even scheduled; it is important to consider factors that will help set the stage for a productive mediation. For instance, parties often have the choice to attend either: 1) a private mediation, in which they select and pay for a mediator, who is often a seasoned family law attorney, and will have the mediation at a time and place convenient for the parties; or 2) a courthouse mediation, which frequently also has a seasoned practitioner serving as mediator, such as a retired family law judge, and is held at the courthouse where the case is pending. The primary difference between a private and courthouse mediation are the costs ' a courthouse mediation is more often than not conducted at a significantly reduced cost (as compared with paying another family law attorney an hourly rate to serve as mediator); however, the tradeoff is time. In a private mediation, the parties can agree to start a mediation at 9 a.m. and go well into the night or continue the following morning, if necessary, to reach an agreement, as opposed to a courthouse mediation, which is often limited to only a few hours and has to be pre-scheduled with the court.
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