June 17, 2021


3 Things to Know about Family Law Mediation

Mediators Must Qualify Before They Can Mediate

In many cases, mediators must be certified by the state and comply with state statutes to qualify to be able to successfully and ethically help two conflicted parties come to a resolution. Several family law mediators have legal or judicial backgrounds and understand the need to save money during the family court processes. Working with a mediator can be cheaper overall for some resolution than stretching out a case over two or three hotly debated items.

Mediation Recommended for Certain Dispute Types

Good lawyers know the difference between true things two parties can fight in court over and which ones make more sense to try and formally resolve another way—knowing which saves the litigants time and emotional stress. In addition, experienced family law litigators like Cordell and Cordell will have vetted and trusted mediators at their disposal that handle different types of conflict. Being able to call upon them quickly helps to divorce spouses get to the other side of the process faster.

Mediators are Paid Separately from the Law Firm

In many cases, the mediator is paid separately from the law firm. In other words, the divorcing parties will pay the mediator out of pocket in advance before having a mediation session. The mediator fees will be in addition to any fees already paid by the divorcing couple to get divorced. All family law lawyers like Cordell and Cordell lawyers can walk a divorcing party through this process. Prices can be hefty but are still cheaper than letting a family law case go to trial.

You Don’t Have to Talk to the Other Spouse

Mediation proceedings you see on TV are just one of many options for how mediations can be handled. For example, each party and their attorneys can be in separate rooms, with the mediator going back and forth between both closed-off rooms. This arrangement gives each of the litigants space to think, breathe, and regroup if emotions are running high. It also reduces the chances of the parties becoming triggered by the other’s involuntary facial expressions or tone of voice during a proceeding.

Both Parties are Expected to Give

Mediators can often come up with creative solutions the litigants or attorneys may not have previously seen or considered. Mediators expect both parties to come to the agreed-upon meeting location ready and willing to give and be open to flexible or alternative arrangements. Both parties should be motivated as a successful mediation could mean the final resolution of their case matters and a release from the prior stressors.

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