Divorces can range in time and expense. 

The parties could have everything divided and agreed upon before hiring attorneys.  Or the parties could fight all the way down to who gets the gravy boat.  How well the parties can communicate plays a huge role in determining the best path to a resolution of all the divorce issues. 

An alternative dispute resolution measure, such as mediation, is a good choice when the parties can communicate effectively.  An experienced family law mediator can help the parties work through their issues and help the parties reach a mutually agreeable settlement.  Mediation can occur over a short period of time and can be successfully completed with substantial cost savings compared to litigation.

When the parties are unable to communicate without hostility, however, the use of a judge to find a resolution through litigation is the best option.  It would not be productive to try mediation when you know the other party is unwilling to reach a reasonable settlement.  The push for mediation could be futile, and a failed mediation would only increase the overall costs of the divorce.

Although mediation can save on the cost of divorce versus litigation, if the mediation fails and you are forced to proceed with litigation, then there will be no cost saving realization.  Therefore, prior to pursing mediation it is important to have a realistic understanding of both you and your spouse’s goals and the degree to which each of you is willing to compromise to reach those goals. If the answer ultimately suggests that a compromise isn’t likely, don’t waste your time and money advocating for mediation.


Subscribe Our Blog

DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.