Can Domestic Cases be Mediated?

Yes- domestic cases such as divorce and child custody are prime candidates for being mediated. However, not all divorce and child custody matters can be settled via mediation. For instance in cases where a clear disparity of power exist between the parties, such as domestic violence situations, it is not always possible for the issue to be fairly and mutually agreed upon and therefore can not be resolved via mediation.


The reasoning behind this is that the very fabric and core of mediation is to let the parties jointly come to a resolution that is based on honesty, fairness and mutual compromise ending in a win-win situation. Often times in a situation such as mediation the abused voice becomes silenced and they are not in a position to either agree or disagree with the abuser.


Ask yourself a few questions to see if mediation is right for your domestic issue:


Mediation is ideal if you are:

• In control of your emotions
• You and your spouse are on speaking terms
• You are willing to take responsibility for jointly creating and following through on your separation agreement

Mediation is not ideal at this time if:

• Physical and/or mental abuse is currently an issue.
• A significant power or financial imbalance in your relationship.
• You have no interest in what is fair you rather just stick it to your spouse and be done with them.

What is Mediation?

Mediation is a form of Alternative Dispute Resolution. What does that mean you ask...well it means that Mediation it is an alternative to the normal legal venues such as litigation. It means you can avoid court and court cost, litigation and everything that comes with it. It is legally binding and you will be held to any agreements that may the parties to agree upon as a mutually acceptable resolution.

The benefits of Mediation are:

• Parties have an equal say in the process and decide settlement terms, not the mediator. There is no determination of guilt or innocence in the process.

• Mediation usually occurs early in the litigation process, and often mediations can be resolved in one meeting. Legal or other representation is not necessary and is optional.

• Mediation is confidential and as such all parties sign a confidentiality agreement. Information disclosed during mediation not revealed to anyone or any entity.
  

• Mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome. Again,
  there is no determination of guilt or innocence in the process.

• Mediation utilizes a problem solving approach to issues and complaints.

• Mediation enhances communication by providing a neutral and confidential setting wherein both parties can openly discuss how they see the dispute which generally ends in a mutually satisfactory resolution.