The Role of Mediation During an Alabama Divorce

There are numerous ways to work through a divorce in Alabama, depending on the nature of your relationship with your ex-partner and what you hope to achieve in the process. Mediation is one option that has grown rapidly in popularity over the years. It saves time in court and can lead to fewer adversarial interactions between divorcing couples.

If you’re getting divorced and you’re curious about mediation or other resolution methods, let’s talk. Call Haygood, Cleveland, Pierce, Thompson & Short at 334-821-3892 to schedule a consultation now.

How Mediation Works

In Alabama, mediation occurs when one or both parties request mediation prior to solving issues in court. The court may also order mediation if it feels it’s the best option for the couple. During this process, a neutral mediator oversees the issues and the discussions. Both parties bring their own divorce attorneys to represent their best interests.

During mediation, the mediator looks into the details of your case and the factors affecting different areas in which you disagree. With this information, they can tell you what may happen if the issue were to go to court and provide recommendations. This can help the couple save time.

For example, f both parties are certain they would receive full custody and the mediator tells them that the court would likely order 50/50 custody, they can agree on that right away, rather than spending thousands of dollars on attorney fees only to reach the same outcome.

The recommendations made by a mediator are not legally binding. While both parties are encouraged to listen to and consider the mediator’s recommendations, those recommendations do not constitute a court order. One or both parties can walk away at any time and decide to work their issues out through the court system.

The goal of mediation is to create a low-stress environment where parties can try to work out issues in a collaborative and cooperative way, rather than approaching issues in an adversarial manner.

The Benefits of Mediation

There are several benefits that come with choosing mediation for your divorce, including:

• Maintaining control. When you go to court to decide divorce issues, you give up all control over the situation. Whatever the judge decides, you must abide by—even if their solution is one that makes neither party happy. This allows you to decide where you are willing to compromise.
• Able to end the process whenever you choose. If mediation proves fruitless, you can decide to go to court. You are not tethered to the process by an uncooperative or inflexible spouse.
• Minimizing expenses. Choosing to agree on certain issues is often far less expensive for both parties than hashing out every disagreement in court. When everything is decided in court, both parties often end up paying tens of thousands of dollars in attorney fees, only to end up with the same recommended agreements that a mediator could have helped them find.
• Faster than court. Family courts are often backlogged with contentious divorce cases, child custody disputes, and other legal concerns. This could leave you waiting on your divorce for a long time. When you sort the details out yourself, you spend much less time in court, and it is much easier for them to sign off on your divorce decree.
• Protecting your privacy. The details of a court agreement are public knowledge. However, agreements reached during mediation are private.
• Preserving a co-parenting relationship. If you and your ex-partner have children, beginning your co-parenting relationship on a contentious note is hardly helpful. By working together on big decisions, you can lay the foundation for a positive and productive co-parenting relationship.

When Mediation is Not an Option

Mediation is not a viable option for every couple in every situation. It may not be recommended if one party is refusing to accept the divorce, there is a history of abuse, one party is completely unwilling to compromise, there is a history of drug or alcohol abuse, or one party feels threatened or intimidated by the other.

Find Out How Haygood, Cleveland, Pierce, Thompson & Short Can Help You

Whether you’re considering mediation or a more traditional divorce, our team is here to help you during this difficult time. Schedule a consultation now by contacting us online or calling us at 334-821-3892.