Family Law Mediation Attorneys in Pittsburgh, Pennsylvania
Divorce and other family law matters do not need to be litigated. Litigation is not required. Instead, a family law mediator may be utilized to supervise the mediation between the parties to create a constructive dialogue and help to ensure that each party negotiates compromises that are fundamentally positive for all involved, including matters that related to the children.
Divorce mediation is becoming an increasingly popular alternative to traditional litigation. It offers a less adversarial approach to ending a marriage, but it’s not a one-size-fits-all solution. To help you make an informed decision, parties should consider an in-depth look at the pros and cons of divorce mediation.
Advantages Of Divorce Mediation
Mediation is typically less expensive than traditional litigation. Generally, with the parties sharing the cost of a mediator instead of bearing the cost of individual attorneys, and with less time spent in lengthy court procedures, the savings can be significant.
Consider that a trial can take months or even years to reach a conclusion, extending the period of stress and uncertainty. On the other hand, mediation, which may require only one session or a few sessions over a couple of weeks, and can greatly expedite the divorce process.
While court proceedings are a matter of public record in contrast, mediation is a private process. In mediation, everything discussed remains confidential, which can be particularly beneficial if you wish to keep the details of your divorce out of the public. Further, in court, the final decision rests with the judge, and you may not be satisfied with the result. Mediation allows you to have a say in the final agreement, increasing the likelihood of a mutually satisfying outcome. Once again, this is particularly relevant when there are children, since mediation encourages cooperative problem-solving and can help maintain a respectful parental relationship, which can be highly beneficial for co-parenting post-divorce.
Mediation may not be suitable for situations that possess a high level of conflict or where there is found relationship Abuse Situations: Since Mediation requires open communication and cooperation, an imbalance of power or a history of domestic violence, may create an environment where mediation may not be the appropriate option.
Mediation only works if both parties are willing to participate fully and engage in open and honest discussion. If one party is reluctant or uncooperative, mediation may not be successful.
Further, While the mediator facilitates discussion and helps identify issues, whether legal issues and other issues, the mediator does not provide legal advice. This can put a party at a disadvantage if they are not fully aware of their legal rights or the implications of their decisions.
Remember, Mediation Agreements are looking to memorialize a resolution of the issues between the parties, need to be reduced to a legal document that is executed by the parties and approved by a court to be enforceable. If the parties do not seek legal review of the agreement, there could be issues with its enforceability.
While in family law matters mediation may not be for everyone, for many it offers a cost-effective, private, and participatory process to end litigation. In the words of Winston Churchill, “nobody wins a war. Only one side loses more than another.” Why not look to resolution and a peaceful transition?