Don’t Want To Go To Court? Mediation Is Your Solution
Posted by Sunshine, Isaacson & Hecht LLP on August 15th, 2022
In an ideal world, the only time the courts have to get involved in your marriage is when you head to the courthouse for your marriage license. Unfortunately, some marriages don’t follow the path we hoped for and result in irreconcilable differences that leave one or both spouses ready to move on.
We hear from family law clients who have nowhere else to go but don’t want to go to court. The court process can be expensive, exhausting, and expose your personal business to far too many outsiders. The answer in this situation isn’t to just skip the divorce and either force yourselves to stay together or just go through life as a married but separated couple – the answer is mediation. So, what can mediation actually do for you?
Provide a neutral view
Mediation provides an opportunity to find a middle ground and dispel any unreasonable demands and expectations that are getting in the way of both sides moving on amicably. The mediator in your case should be a neutral third party with no prior engagement with either spouse. This means they’re likely to have a clearer view of your situation than either of you have as the separation likely stems from and results in biases towards each other.
Our mediators are trained and certified to take a thorough neutral approach to each situation. They will hear from both sides of the dispute and use their training to spot any clear biases or unreasonable demands. It’s highly unlikely that the mediator will look at your situation and insist that one side is responsible for the situation. Instead, both parties will likely have to participate in the give and take of divorce.
Save money and time
One of the most obvious benefits of mediation is that you don’t have to drag each other through court. When you get divorced and are not making progress on resolving disputes like child custody, child support, asset division, and other important matters, the attorney fees will stack up quickly. Both parties will need to retain their own attorney whereas the fee for a mediator will be split between both parties.
On top of that, “time is money” as the saying goes. You will save a significant amount of time going through mediation instead of going to court. Courts are often backed up which could make it challenging for you to get in front of a judge. This means your divorce could take months to resolve. Mediators are generally more accessible and won’t take as many hearings or meetings to conclude your case.
What’s important to know is that you are not locked into any of the conclusions and recommendations reached by the mediator. Both parties have to make the decision to move toward an amicable split on their own. The same can’t be said for the court process where a judge who has taken a short amount of time on your case in between dozens of other cases and make a final decision.
A mediator allows couples to maintain control over their split without the overbearing pressure to definitively resolve every dispute. It’s important to go into mediation understanding your work continues even when you’re sitting in the room with them.
At Sunshine, Isaacson & Hecht, we provide matrimonial mediation. Our team of experienced, trained, and certified mediators have extensive experience bringing exes to an amicable middle ground. We know the importance of peace of mind as well as saving you time and money. Contact us for a firm with unrivaled expertise and dedication.