Family Law Mediation: The Bright Side of Pre-Suit Mediation

Whether you’re involved in a civil suit or custody battle, you may not be happy about participating in court ordered mediation before (or instead of) trial. If there’s a history of problems, you might feel like mediation will only cause them to resurface—so you’d rather go through the court process and just “get it over with.” But court ordered mediation has several benefits that can make the end result much better for all involved.

In California, civil cases in which the amount in controversy does not exceed $50,000 can be mediated or arbitrated completely outside of court, and family law cases will often have to go through mediation before being brought to trial. So no matter what position you’re in, there’s a good chance you will have to go through this process at some point.

The most optimal dispute resolution is, of course, the one that never has to go to court at all. This can happen when both parties agree that a peaceful, mutually beneficial outcome is worth more than a chance to prove the other wrong in court. A common misconception is that your issues will be “set aside” in pursuit of this goal, but this could not be farther from the truth. In reality, you’re really confronting your issues head on. Mediation typically requires that you are honest and up front about your finances and situation—so there’s no shying away from the facts. But the facts and the case itself are dealt with in a calmer, less adversarial way. The take away here? If you can reasonably settle your dispute out of court, it’s often in your best interest to do so.

Now we understand that not every case can be settled in mediation or arbitration, and will need to turn to the courts at some point. This isn’t necessarily a bad thing, and it doesn’t mean that the alternative dispute resolution failed—instead, using mediation as a preliminary step for your trial can actually make the trial less intimidating. Think about the following:

• Mediation can allow you to “air out” your problems in a less adversarial setting before having to take them to court.
• If certain cases, your mediator may make a recommendation to the court. If this happens, the outcome of your trial may better suit both parties and make it easier for the judge to arrive at a decision.
• Your pre suit mediation can save time, making lengthy courtroom proceedings unnecessary.
• You can focus on the issues you’re facing… not just how to win your case at all costs.

As you can see, the benefits of pre suit mediation—even if your case must continue in a trial—are numerous and worth noting. If you are recommended or required to participate in such a mediation, look at it as a positive and do your best to prepare yourself by keeping an open mind and preparing any necessary documents. Finally, be sure to give us a call at one of our several offices to get the best information regarding your own unique case.