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A recent report in Conflict Resolution Quarterly suggests that mediation is effective in reducing conflict and leads to more enduring custody and parenting plans. Researcher Lori Shaw found that compared to litigation, divorcing couples using mediation are more satisfied with the process, the outcomes, their spousal relationship and their understanding of children’s needs.
First you ask what is mediation? Mediation is a process where an impartial third party, usually an attorney, judge or therapist assists you and your spouse (or former spouse) in making mutually agreeable decisions about family law issues. The mediator’s job is to keep you focused and respectful towards each other and to help you come up with workable solutions that are in the best interests of your children. Mediation can also be used to reach agreements on property and financial issues but in Missouri generally mediation is only required by the courts when custody is at issue.
Mediation is an informal process. Nothing you say in mediation can later be used against you in court. The mediator also doesn’t have the ability to bind you to any agreements reached in mediation. The mediator can’t inform the court of anything discussed in mediation. Some parties mediate with their attorneys present and others mediate without their respective attorneys present. Mediation can take place before a lawsuit is ever filed or it can take place just before trial. When mediation takes place is often up to the parties and their respective attorneys.
Mediation is usually less expensive than litigation. Normally each party pays half of the cost of mediation. It is confidential. It is faster than waiting for a trial date or for a judge to make a decision. Mediation gives the parties control over the outcome of their case which is lost when the judge ultimately makes the decision.
All of this being said mediation is usually only effective when both parties come prepared to mediate. This means having full knowledge of financial issues, legal issues, tax implications, and coming into mediation with proposed solutions about how to make a custody plan work or how to divide assets and debts.
To learn more about mediation and how it might impact your case contact Knight & Salladay Law Offices or go to our website at www.columbiamolawfirm.com for more information.
