Divorce Mediation is Often a Smart Way to Resolve Your Case
Posted on 04. May, 2009 by Alabama Divorce Lawyer, Michael Sherman in Mediation
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I recently read an article on divorce mediation. The article discusses the advantages of resolving your divorce case by mediation instead of what they called “traditional litigation” (what I call “adversarialy litigation”). It is worth a quick read.
Under Alabama divorce laws, mediation is often ordered by a Judge. In most of the mediation cases I am involved in, both parties are represented by their own divorce lawyer, and a third lawyer serves as the neutral mediator. So, there are some added costs there. That being said, it is often worth it.
In a mediated settlement, you and your spouse are able to work out the agreement with the assistance of the mediator and lawyers. So, you maintain some control and have some input in the ultimate decision. Of course, this is not the case when a Judge makes the decision in a litigated case. And, you really have nothing to lose, because if you cannot reach a fair settlement, then you can walk away and still “have your day in court.” The only thing you would be out would be the costs of the mediation.
I like mediation. We have had many cases settle with mediation, some of which I didn’t think would going into it (it helps to have a very good, experienced mediator). But, it is not the first thing I recommend to clients. My first recommendation is for them to try to work out their case through a negotiated settlement. Sometimes we call this the “kitchen table method.” I explain to the client what the issues are that will have to be resolved and they work through those issues with their spouse. It works more often than you might think. Where they cannot work trough the issues on their divorce case themselves, they can each have a lawyer help them negotiate a resolution.
I am currently in the process of formalizing a system that would help couples work through these issues. We call it a No Nonsense Divorce, and I really think it will be a smart, effective way for couples to resolve their divorce case without months of costly litigation.
But, if that is not an option, then mediation is something you might consider. Adversarial litigation should always be the last resort, in my view. Usually the only ones who end up winning in an adversarial divorce are the divorce attorneys.
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