Can a Family Law Mediator Take Sides?

When families are in turmoil, everyone hurts. Whether it is a divorce, custody battle or support issue, the parties and their families all suffer. However, using a family court mediator can help parties resolve their issues in a non-combative, safe and neutral environment. A family law mediator cannot take sides during mediation. The role of a family law mediator is to facilitate discussion so that the parties can come to an agreement without court intervention.

Benefits of Using a Family Law Mediator

The process of mediation, led by a neutral third party (i.e. the family law mediator), is an effective way of resolving differences without the necessity of litigation. It is a process that allows the parties to amicably resolve differences and come to a mutually satisfactory agreement. Mediators can help parties resolve issues relating to divorce, child custody, alimony, child support and property division.

Benefits of using a family law mediator include:

• Less expensive than litigation – A family law mediator generally charges much less per hour than an attorney. Parties can save money by resolving their issues in mediation compared to litigating issues.
• Retain more control – When parties litigate issues, they are leaving the final decision up to a judge. However, when parties mediate issues, they retain control over the outcome. Parties can come to an agreement that is in their best interest rather than allowing Kentucky family laws to dictate the resolution.
• Parties are more satisfied – Because the parties are in control of the terms of settlement, they are generally happier with the results. The parties mutually agree to the terms instead of allowing the court to dictate the terms.
• Confidential – Mediation is confidential. Parties are usually more comfortable discussing sensitive issues in a safe, non-confrontational environment compared to an open courtroom.
• Lessen resentments – A by-product of mediation is the parties are often able to discuss opposing views and clear the air. This encourages a healthier relationship after the divorce as compared to parties who bitterly battle issues in court. Furthermore, parties who reach an agreement through discussion and mediation are more likely to abide by the terms of settlement as opposed to parties who have terms dictated to them by a judge.

Even though the parties agree to terms of settlement in mediation, a judge must review and approve the agreement for it to be included in a final order. In some cases, the parties may reach an agreement on most but not all of the issues. In those cases, the judge can rule on only the issues that were not settled through mediation.

Experienced Divorce Attorneys Serving Kentucky Families Since 1982

The divorce lawyers at Musselwhite Meinhart & Staples have been helping individuals just like you since 1982. We understand the emotional stress caused by family law issues and we are here to help you as you go through this difficult time.

Call our office at 270-351-6032 or to schedule a free consultation with one of our Radcliff and Elizabethtown family law attorneys. If you prefer, you can send a secure message through our online contact form and one of our helpful staff members will contact you to answer your questions about family law mediation. We have offices in Radcliff and Elizabethtown and Louisville for your convenience.