Reasons to Consider Mediating Your Family Law Matter

Litigating a family law matter is inevitably a difficult and painful process. One of the most challenging aspects of a divorce or custody action is how little control litigants can feel over the process. Parties are at the mercy of overloaded, rule-heavy courts, and can end up in increasingly contentious exchanges of motions, racking up costs and fees along the way. Rather than having your divorce or custody matter heard in court, consider the possible advantages of mediation for your South Carolina divorce. While mediation is not a solution that results in resolution for everyone, it can make a trying process a bit less uncomfortable.

  1. Mediation is more flexible – When mediating your family law matter, you can focus on the issues that are most important to you and your former spouse, and find solutions that might not be available in court, where judges are strictly bound to law and precedent.
  2. Mediation is faster – The family law litigation process can take up to a year or more when heard in court. The parties are constrained by the schedules of the court, each party’s attorney, and their own availability, as well as timelines governing the exchange of discovery and hearing of motions. Without the formal timelines imposed by a court, mediation allows you to set your own schedule.  A speedier resolution also eliminates the costs associated with long court battles.
  3. Mediation can be better for your kids –When your divorce or custody matter is heard in a court, children often end up being part of the process. They may be forced to undergo interviews by court-appointed guardians, attorneys, or judges.  Regardless of whether they testify in the court process, they will certainly suffer the consequences of a long, expensive, heated battle between their parents. Mediation will allow children to avoid direct involvement with court officials, instead permitting you and their co-parent to decide how much to involve your kids in the process.  Additionally, a faster, cheaper, and less-contentious process will also make their home lives more tranquil than would a heated courtroom divorce.
  4. Mediation allows for a more personalized result – When a judge serves as the decider, there is much less opportunity for the parties to have an informal dialogue with the person who will have a huge impact on your custodial arrangement and division of property. Mediation allows you to work directly with the mediator to find a more personal solution that is acceptable to everyone, rather than a one-size-fits-all court ruling.

Mediation is mandatory in all contested family law cases in South Carolina.  If you are searching for a South Carolina family law attorney who will handle your case with dedication, compassion, and skill, whether in mediation or in court, contact the Spartanburg offices of The Cate Law Firm for a consultation on your family law matter, at 864-585-4226.

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