Mediation in Family Law: Pros and Cons

Depending on your situation, a divorce doesn’t have to be litigious — or even stressful. Believe it or not, some divorces are essentially amicable and can be handled with a minimum of acrimony. As opposed to each side having their own legal representative, mediation in family law can be a great option when two parties are essentially in agreement on the big issues and simply want everything handled in accordance with the law.

That said, mediation isn’t for everyone. When it comes to divorce, mediation in family law is not a good option if there are disagreements about custody, spousal support, or asset division. Mediation may also be a bad option if you suspect that your spouse has not been honest with you, may be hiding money or other assets, or if there was infidelity, abuse, or addiction that impacted the marriage.

When you agree to mediation for your divorce, you forgo having your own lawyer. Instead, you and your spouse will work out the details of your divorce with a single mediator. This impartial liaison can help both sides negotiate a fair agreement. Keep in mind, though, that mediation in family law is not binding in the way a court ruling is. The mediator has no authority to insist that anyone agree, or to legally uphold any part of the agreement. The purpose of the mediator is to help the divorcing couple negotiate effectively, not push for one side or the other.

Mediation in family law can be a great choice for couples who want to dissolve a marriage quickly and amicably. But if mediation isn’t possible or the negotiations break down, you may want a litigator on your side. Jennifer Espronceda is passionate about helping families through difficult times, like divorce. Whether you’re looking for someone to mediate a negotiation or you need a passionate advocate on your side, Jennifer Espronceda should be your first phone call at 210-504-1514 or by using her contact form.

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