Mediation as an Alternative to Litigation
Mediation allows couples to settle their differences amicably, quickly, and privately. However, it’s not the right solution for everyone. Ask your family law attorney these key questions to determine if mediation is appropriate for your case.
1. How Does Mediation Compare to Other Types of Alternative Dispute Resolution (ADR)?
For example, the collaborative process (a different type of ADR) brings together a team of experts to resolve challenges related to your business, finances, children’s development, and more. Understanding the differences between ADR options can help you choose the best path.
2. What Role Will You Play in Mediation?
Your attorney cannot outright advocate on your behalf during mediation, but he or she can provide you with valuable counsel and guidance throughout the process.
3. Do You Enjoy Mediation Cases? Do You Have Any Special Skills, Qualifications, or Experience Handling Them?
Some family law attorneys thrive in the courtroom and prefer litigation, while others excel in facilitating quiet, strategic compromises. There’s no “best” approach, but if you are passionate about trying ADR, ensure your attorney is experienced and comfortable with this method.
4. What Timelines and Costs Should I Expect?
While each case is unique, your attorney should be able to give you a rough estimate of the timelines and costs associated with mediation, including any potential surprises that might affect the process.
5. How Can I Help You Help Me?
Collaborate actively with your legal team. Find out what actions you can take to assist in the mediation process to ensure you get the best possible outcome.
6. Can You Persuade My Ex to Consider This Approach?
If your spouse is leaning towards litigation but you prefer a private resolution, your attorney may be able to help convince your ex-spouse to consider mediation as an option.
7. Can You Prepare Me, Step-by-Step, for the Process?
Your attorney should help you set realistic expectations and prepare you mentally, emotionally, and financially for the mediation process.
8. Are There Any Great Resources About Mediation That You Recommend?
Your attorney may suggest podcasts, books, blog posts, or videos, such as this mediation video, to help you better understand the process.
9. Why Might You Advise Against ADR, Given My Circumstances?
While mediation has many appealing benefits—an informal setting, privacy, a neutral person to assist negotiations, and a potentially low-cost and low-stress solution—it’s not a cure-all. Your attorney might advise against it if:
- Your ex easily manipulates you.
- You don’t trust your ex.
- Your business interests are too complex.
- You’ve tried and failed at mediation before.
Finding the Right Family Law Attorney
The right family law attorney can help minimize the stress, drama, and frustration of separating from your spouse. Be sure to ask these critical questions to ensure you are on the right path.
