You may be saying to yourself, “If we cannot get along, how in the world is mediation going to work for our divorce?” You may be surprised to hear that most cases settle in mediation, even in divorces. Some of the reasons for this are: (1) you are in control of the outcome, (2) cost of a trial, (3) burden on you and your family, and many other reasons.
When you go to mediation the number one thing I tell my clients is that you are in control of the outcome in mediation. If you go to trial you now put the control into the hands of the Judge or the Jury. The importance of this is that if there are areas in which the parties can work out an agreement it is then on their terms. Perhaps they cannot resolve all issues, but narrowing down the issues will reduce the time and cost of a trial. Generally though, in mediation each party gets to hear from a neutral third-party what they think the strengths and weaknesses of their case is and that helps them to see where they should try to settle the case. This is one reason that most courts require the parties to go to mediation so that they can resolve the matter in a more efficient manner that is on their own terms.
I cannot tell you what it would cost to take your case to trial unless I am the attorney representing you, however, what I can tell you is that the cost of mediation is far lower than the cost of going to trial where witnesses are called and evidence is presented to the Judge or Jury. If you have requested a Jury trial that cost is going to be significantly higher than a trial to a Judge because you have to pick the Jury, draft the questions for the Jury, and prepare to convince more people that your position is the better position. Resolving the issues in mediation can be costly, but generally is far less expensive and time-consuming than a trial.
Going through a divorce is taxing enough on you, but going through a trial is even more burdensome on you. The emotions that build up during the divorce process escalate more during a trial. It is very hard for you to listen to the evidence presented by your spouse and it will take a toll on you, even if you get everything you wanted.
Nearly all cases I have mediated have resolved in mediation because the parties find a common ground. Mediators are very skilled at finding the common ground that the parties may not be able to see. It allows the parties to feel as though they reached the resolution together and helps them feel confident in their decision.