Ask a Family Law Attorney: What Is the Role of Mediation in Divorce?

While going to court is often the traditional image we have of dissolving a marriage, mediation is an alternative route that’s becoming increasingly popular in Dyer, IN and throughout the country. Let’s explore what mediation means in the context of divorce and what you might expect from the process from the perspective of an experienced family law attorney.

From Your Dyer, IN Family Law Attorney: All About Mediation

Mediation is a structured process in which a neutral third party helps divorcing spouses to come together and agree on the details of their divorce. Unlike a judge, the mediator doesn’t make any decisions for you. Instead, their role is to guide you and your spouse towards reaching a mutually agreeable settlement on the various issues involved in a divorce, such as child custody, child support, the division of marital assets and debts, and spousal support (sometimes called alimony).

Why Consider Mediation?

Control

In mediation, you and your spouse retain greater control over the outcome of your divorce. Rather than having a judge impose decisions, you work collaboratively to create solutions that are tailored to your family’s unique needs.

Cost-Effectiveness

Mediation is generally less expensive than a litigated divorce. Legal fees tend to be lower, and the process is usually faster, which saves money and emotional strain.

Reduced Conflict

Mediation focuses on finding common ground and compromises, potentially minimizing the hostility that often fuels courtroom battles. This is especially beneficial if you have children, as it can help you establish a more amicable co-parenting relationship going forward.

Confidentiality

Mediation discussions are confidential, whereas court proceedings are usually a matter of public record.

Do I Have to Do Mediation?

Indiana courts often encourage or even require divorcing couples to attempt mediation, especially when there are disputes about child custody or parenting time. However, mediation is ultimately voluntary, and if one spouse is absolutely unwilling to negotiate, trying to force the issue is unlikely to be productive.

Mediation isn’t always the right fit, either. In situations where there’s a history of domestic violence or extreme power imbalances, mediation might not be productive or safe.

How Does It Work?

While every mediation is different, they generally follow a similar format. Your attorney will be present to offer advice and support and keep things on track. Each spouse will usually have an opportunity to make an opening statement, outlining their priorities and concerns.

The mediator will then work with you to identify areas of agreement and disagreement and help facilitate constructive discussions about potential solutions. The mediator might meet with you and your spouse together or sometimes you’ll be in separate rooms with the mediator going back and forth.

What If We Can’t Agree?

It’s natural to have some disagreements even in mediation. The mediator’s job is to help you move past those sticking points. If you are unable to reach a full resolution, you might still make significant progress and narrow down the issues that will be necessary to decide in court so that things will still go more quickly.

Your Attorney’s Role

While mediation offers many benefits, having an experienced Indiana family law attorney on your side is still very important. They keep you focused on your legal rights even as you negotiate, provide guidance during the mediation sessions, review any draft agreements, and protect your best interests.

For experienced help with divorce and ​mediation, contact us at Tanzillo Stassin & Babcock, P.C. in Dyer, IN today.

Tags: Divorce Attorney, Divorce Attorney Indiana, Divorce Lawyer, Family Law, Mediation
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