While traditional litigation remains a common path for people pursuing divorces, it is not the only approach. Some couples prefer alternative dispute resolution methods that are less adversarial and more cost-effective. One such option is mediation, which allows spouses to negotiate the terms of their divorce with the guidance of a neutral third party.
However, not all mediation approaches are the same. In some cases, attorney-assisted mediation may be the best route, providing the benefits of mediating the dispute while ensuring that each party has retained legal counsel to offer guidance and protect their interests. This approach differs significantly from traditional litigation and parties-only mediation sessions, offering a structured yet cooperative method for resolving disputes while accompanied by legal counsel.
If you are considering divorce, it is helpful to understand how attorney-assisted mediation works and whether it is appropriate for your situation. Below we will discuss the attorney-assisted mediation process, its advantages over court litigation, and when it may or may not be the best option for your divorce.
What Is Attorney-Assisted Mediation?
Mediation is a method of alternative dispute resolution in which a neutral third party facilitates discussions between divorcing spouses to help them reach agreements on issues such as property division, child custody, and spousal support. Unlike litigation, which relies on a judge to issue rulings, mediation allows couples to retain control over the outcome of their divorce.
Attorney-assisted mediation differs from traditional mediation in that each spouse retains their own legal counsel throughout the process. Rather than relying solely on a mediator, each party’s attorney provides legal advice, negotiates on their behalf, and ensures that any agreements align with their client’s best interests. This approach helps balance the need for cooperation with the necessity of protecting legal rights.
When mediating disputes with the help of attorneys, the process generally follows the steps below:
- Both spouses, along with their respective attorneys, attend sessions.
- A neutral mediator facilitates discussions to help the parties reach agreements on various issues.
- Attorneys provide legal guidance, ensuring that their clients understand their rights and options.
- If a resolution is reached, attorneys draft a legally binding settlement agreement for court approval.
Attorney-assisted mediation combines the efficiency and cost savings of mediation with the legal protections of traditional representation. It is particularly beneficial in cases where the parties are willing to cooperate in good faith to reach a settlement, but one or both parties may have concerns about the settlement being fair.
How Does Attorney-Assisted Mediation Differ from Court Litigation?
When comparing a divorce through mediation vs. the public court, there are several key differences:
- Cost: Mediation is generally far less expensive than litigation. Attorney-assisted mediation, while involving legal fees, is usually more cost-effective than prolonged courtroom battles.
- Time: Mediating the process allows couples to resolve disputes on their timeline rather than waiting for a congested court schedule. Mediated divorces are more likely to be finalized in a matter of months, whereas litigated cases can take years.
- Control: In mediation, couples maintain control over the terms of their divorce, whereas litigation places decisions in the hands of a judge.
- Privacy: Mediation sessions are confidential and take place in a private setting, whereas court proceedings become part of the public record. This makes the process particularly attractive for high-net-worth individuals or those who value discretion.
- Emotional impact: Litigation often heightens conflict, whereas negotiation fosters cooperation, making it a suitable choice for parents who will need to co-parent effectively post-divorce.
While court litigation may be necessary in certain circumstances, mediation is often a preferable option for couples who wish to resolve their divorce amicably and efficiently.
When Is Attorney-Assisted Mediation a Good Option?
Attorney assistance during mediated negotiations is particularly beneficial in situations where both spouses are willing to negotiate in good faith and seek a fair resolution. Some scenarios in which this method may be ideal include:
- Amicable divorces: When both parties agree that they want a divorce and are willing to work together, mediating disputes can streamline the process while minimizing stress and expenses.
- Privacy concerns: High-profile individuals, business owners, and public figures may prefer working with mediators due to the confidential nature of the process.
- Complex financial situations: In high-asset divorces, attorney assistance during mediation ensures that economic and business interests are protected while still avoiding lengthy litigation.
- Co-parenting considerations: Parents who want to preserve a cooperative relationship for the sake of their children may find mediating their divorce particularly beneficial.
- Desire to avoid court battles: Many couples want to move forward without the animosity and unpredictability of court rulings.
In these cases, attorney-assisted mediation allows both spouses to reach a fair settlement while still benefiting from legal guidance.
When Mediation May Not Be the Best Choice
Despite its many benefits, attorney-assisted mediation is not suitable for every divorce. Some situations where mediation may not be the best option include:
- High-conflict divorces: If one or both spouses are unwilling to negotiate in good faith, mediated negotiation is unlikely to succeed.
- Cases involving domestic violence: Negotiations outside of court may not be appropriate when there is a history of abuse, as power imbalances may prevent fair dealings.
- Financial dishonesty: If one spouse is suspected of hiding assets or refusing to disclose financial information, court intervention may be necessary to ensure a fair outcome.
- Need for court enforcement: If temporary restraining orders, protective orders, or immediate custody rulings are required, litigation may be the only appropriate course of action.
For divorcing couples facing any of these challenges, a more adversarial legal process may be necessary to protect their rights and interests.
How to Determine If Mediation Is Right for You
If you are considering attorney-assisted mediation for your divorce, ask yourself the following questions:
- Am I willing to communicate and compromise with my spouse?
- Do I want to avoid the cost and emotional toll of court litigation?
- Do I trust that my spouse will negotiate in good faith?
- Do I want to maintain privacy throughout the divorce process?
- Is co-parenting a priority in my case?
If you answered “yes” to most of these questions, mediating your divorce with the help of skilled lawyers may be a strong option for you. However, it is always best to consult with an experienced family law attorney to assess your specific circumstances.
Talk to the Skilled Attorneys and Mediator at Flicker, Kerin, Kruger & Bissada LLP
Attorney-assisted mediation offers a balanced approach to divorce, combining the benefits of traditional mediation with the legal guidance of skilled attorneys. It provides a cost-effective, private, and collaborative way to resolve disputes while ensuring that each party’s rights and interests are protected. However, this method is not for everyone, and in cases involving high conflict, dishonesty, or domestic abuse, litigation may be the better option.At Flicker, Kerin, Kruger & Bissada LLP, our experienced family law attorneys can help you determine the best approach for your divorce. Whether you are considering working with a mediator, using a private judge, or proceeding with litigation in the public court, our team is here to provide the support and legal expertise you need. If you are already represented and looking for a mediator, our firm offers a neutral third-party as the mediator to help the parties navigate their case and efficiently resolve their legal issues. Contact us today to schedule a consultation and take the first step toward a resolution that works for you.