During a divorce, it stands to reason that there may be some areas of disagreement. In such instances it may be desirable to seek mediation, which can be an ideal alternative to a prolonged and expensive court battle. For individuals going through a contested divorce, in that they have multiple areas of disagreement, it might be prudent to consider mediation, to hear out both sides, before having to go through the full process of the divorce, with all the attending costs for attorneys and court fees. This article will outline what a mediator does, what the mediation process covers, and the pros and cons of choosing mediation.
What a Mediator Does During Divorce Negotiations
A divorce mediator is a neutral party, representing neither spouse individually. Instead of individual representation, the mediator offers assistance to the divorcing couple, coming up with ideas that will hopefully lead to an agreement between the two parties. They will not force an issue or area of potential agreement, but they may offer an opinion or make suggestions on what could work for the divorcing couple.
This is in many ways different from what we think of when we do think of divorce. Typical associations with contested divorces include lawyers negotiating and judges making the major decisions for the involved parties. Mediation can sidestep that, since the mediator can analyze the areas of agreement and disagreement with an impartial eye. The major issues covered in mediation process includes, but is not limited to, are
- Distribution of property (including both assets and liabilities)
- Child custody and support
- Retirement
- Taxes
Naturally, some issues are easier to resolve than others. But mediators are tasked with becoming familiar with the couples and the reality of their situation, as well as keeping the lines of communication open and on track with the matters at hand.
The Benefits of Choosing Mediation
One of the first areas worth noting is the cost benefit. Mediation is less expensive than a contested divorce. Now, in Alabama, a mediator must be a licensed attorney, and attorney mediators, and due to their training and expertise in family law, you can expect to be charged between $250 to $500 dollars. They can also charge a flat rate, which may cost between $4,000 and $5,000. When compared to divorces with minor-to-major areas of disagreement, which can cost between $10,000 to $24,000, there is a significant monetary difference.
The next issue is time. Depending on the couple’s commitment to the process and the number of issues in dispute, mediation can be completed in four to ten sessions, which can take as little as 90 days. Some divorces can take up to 18 months to resolve, so mediation would be preferable for couples who are ready to move on from each other.
Next, the divorcing couple will retain some semblance of autonomy and agency. When your contested divorce takes you into the courtroom, everything the disputed areas of your divorce will be settled by the judge.
The Limitations of Mediation
Mediation is not a legal process, so you will miss out on what would otherwise be standard divorce procedures, including pretrial discovery. In doing so, you may miss out on discovering hidden assets and other financial information. And pro se litigants, those who are divorcing without a local divorce lawyer, are more likely to be unaware of the full extent of their legal rights, so without adequate representation the settlement may end up uneven.
For couples on the cusp of having a contested divorce, it could be worth thinking about mediation as an alternative route. As stated above, mediators in Alabama must be licensed attorneys, so you can count on them to have a greater sense of your legal rights when compared to pro se litigants in states where mediators are not necessarily qualified divorce attorneys.
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