Mediation in a Divorce Case
Divorce can be financially and emotionally draining. Emotions often run high during divorce litigation and these emotions create roadblocks to resolution. The longer a case drags on, the more expensive it becomes. The cost of even a one or two day trial can be staggering.
More and more couples in Mississippi are resolving their cases by mediation well before their trial date, saving thousands of dollars and many months of heartache and stress. Divorce mediation is an alternative to a trial. Parties can voluntarily choose to mediate or be ordered by the court to participate in mediation. A mediator is a neutral third party who listens to each person’s positions and concerns and helps them find a mutually acceptable common ground on which to resolve their divorce, custody or support litigation.
Depending on the preferences of all involved, the parties may have attorneys and/or financial experts present at mediation to assist in making decisions. Often the mediation involves joint conferences with both parties and then separate meetings between each party and the mediator. The viewpoint of an uninvolved third party on certain issues frequently helps move husbands and wives closer to settlement.
Mediators are generally very experienced in the family law and/or conflict field and have also undergone mediation training. Good mediators present their unbiased views of the situation in a very frank but helpful manner – not hesitating to tell a party that they are being unreasonable when necessary. If mediation is successful, the mediator will usually draft a memorandum agreement for the parties to sign – or quick moving attorneys can even produce a complete settlement agreement - before the parties conclude the conference.
A bitter trial and appeals process can poison any possibility for a civil relationship between former spouses in the future. Ultimately, while neither party to the mediation may end up with the exact outcome they sought, they have worked together to reach an agreement and have successfully avoided the emotional and financial costs of litigation.
