While family law issues are commonly associated with lengthy, challenging litigation, the reality is that many conflicts can be resolved without ever going to court. One of the primary tools for resolving divorce and family-related legal disputes is mediation.
If you are considering mediation, a dedicated family law attorney can guide you through the process. Despite mediation taking place outside of the courtroom, you are still entitled to legal counsel during the negotiation process. Let an Anderson mediation lawyer help ensure you are treated fairly by the mediator in your case.
The Benefits of Mediating a Family Law Dispute
Whether it is during a divorce case or some other family law dispute, mediation offers many benefits.
Finding Common Ground
As opposed to taking an adversarial approach that leads each party to dig into their position, mediation can result in both sides finding common ground. Learning to compromise is an important aspect of successfully mediating any contested legal issues between loved ones.
Save Time and Money
One of the primary benefits of mediation is the money participants are able to save by circumventing litigation altogether. Divorce cases, for example, can be expensive – especially when a case requires lengthy litigation. The price of mediation is comparatively low.
Furthermore, litigation could take months or even years of hearings, meetings, motions, discovery, and trial. Family law cases that are mediated tend to resolve in much shorter timeframes.
Mediation puts both spouses in control of their case’s outcome. During litigation, on the other hand, the court will ultimately set the schedule and determine the outcome. When parties mediate, they can set the rules, develop a timeline, and work to address the issues that matter most to them.
An Anderson attorney can strive to make the mediation process run as smoothly as possible and help the parties reach a consensus in the most amiable way they can.
How Does Mediation Work in Anderson?
Mediation is not as formal as a trial and does not take place in a courtroom, and a judge is not involved in the process at all. Instead, both sides sit down with a mediator in an informal setting. Mediators go through rigorous state mandated training and are often former judges or attorneys.
Every mediation is different. Some mediators prefer to speak with the parties individually, while others prefer to have both parties in the same room. Alternatively, the mediator may combine approaches to attempt to obtain a successful outcome. A local attorney can help prepare someone for what to expect during family law mediation.
In South Carolina, all parties must attend mediation before they allow their case can go to trial. While participation is required, there is no obligation to resolve a family law case during mediation. Sometimes, even with the best efforts of both parties, reaching a consensus through mediation is impossible. The court cannot force spouses to settle their case through mediation, but they can order both parties to try in good faith.
Parties in a family law case typically split the cost of mediation evenly, regardless of whether negotiations were successful. A skilled attorney in Anderson can help anyone get the most out of the mediation process.
Talk to an Anderson Mediation Attorney Today
If you are concerned about the emotional and financial strain of divorce litigation, mediation might be right for you. A mediator could help you work through the challenging topics of a divorce without the need for litigation.
You have the right to hire legal counsel during the mediation process. Get in touch with an Anderson mediation lawyer to get started.