The benefits of family mediation include the ability to save time and money discussing important issues in a non-confrontational setting. Additionally, spouses can explore challenges and reach resolutions in a confidential space with the guidance of a neutral mediator rather than a judge.
These factors can open the door for more complete conversations that may not be possible in a formal courtroom.
Turner Family Law can help prepare you to participate in mediation in your South Carolina divorce case. We appreciate the strength it takes to decide to end a marriage that’s no longer serving you and the shock you may feel if your spouse unexpectedly served you with divorce papers. We are here to support you through it all by providing responsive and personalized legal services in mediation and during court procedures.
Mediation vs. Courtroom Litigation
When people go through a divorce, they may participate in mediation and courtroom litigation.
The South Carolina Court Rules require most spouses in a contested divorce to participate in mediation to resolve stuck points. They may engage in this process to, for example, discuss the motivation and legal basis for getting a divorce or how to settle things like child custody or property division. While mediation and litigation are both pieces of the dissolution process, each serves a different purpose.
Mediation
Mediation can be a helpful process that gives people space to work out their legal challenges in a neutral setting. In mediation, the spouses meet with an impartial mediator — who may be a lawyer or retired judge — in a non-courtroom setting. The parties may meet at a conference room at an attorney’s office, through video conferencing in the privacy of their own homes, or in another location.
They discuss their legal conflict in a structured and guided dialogue with the mediator, who takes notes on what they talk about. After these conversations, the mediator draws up a document that gives an overview of what occurred and any conclusions they came to. The parties don’t have to agree to the terms they talked about; instead, the judge may use these to guide further discussions in court.
Courtroom litigation
In courtroom litigation, the divorcing spouses meet in a courthouse before a judge. Each person has their own attorney, and they present evidence for their side of things. The judge’s role is to listen to each person’s argument, consider the applicable law, and review the evidence. Once they complete this process, the judge makes a decision and, if relevant, approves or denies a proposal the spouses presented.
Courtroom proceedings are adversarial, meaning there are two sides. Unlike in mediation, this process isn’t confidential, and the resolutions everyone reaches are (usually) binding.
Additionally, going to court can be more time-consuming and expensive than participating in mediation. Likewise, the spouses may not get the same type of space and individual attention they might receive in mediation just because of the court’s structure.
Confidentiality in Mediation vs. Public Court Proceedings
Mediation proceedings are confidential — unless an exception applies, which may, for example, relate to safety concerns. The participants can’t record the conversations or request transcripts later on. Along those same lines, neither spouse can use what was said in mediation against the other, such as during the trial or hearing for the divorce. Likewise, the mediator may be unable to serve as a witness in a later court hearing about the separation. An exception to this might be if one spouse launched a credible threat against the other and the police intervened.
In contrast, divorce proceedings in court are part of the public record. Members of the community can attend or witness the hearings and trial. The spouses can request transcripts of these discussions and, in some circumstances, use them as evidence later in their case.
How Mediation Promotes Cooperation
The family mediation setting can create a valuable space for people to express their thoughts and feelings without the imposing presence of the judge. Moreover, since these conversations are confidential, the spouses may be more honest than in an adversarial and public forum.
The mediator is there to help guide the conversations to gather information and reach a non-binding decision. In contrast, the judge is there to oversee a strict process, make judgments, and issue binding orders. The open and neutral nature of mediation in family court cases can encourage people to air their grievances and work together towards a common goal, even if that’s just getting on the same page about the facts.
Personalized Solutions in Mediation for Family Law Disputes
The mediation process allows people to engage in intimate and personalized conversations that might not be available to them in the courtroom setting. The spouses meet at a time and location that works best for them, and they discuss issues in an open yet confidential space.
Because they are the only ones in the room with the mediator — physically or virtually — they have more freedom to discuss things in detail. They can circle back to different topics and take deep dives into their concerns and suggestions fully and freely.
Why Mediation Is Less Stressful for Families
The courtroom context can feel intimidating, unnatural, and inaccessible for some individuals and families going through a divorce. They have to sit in a large room and wait for someone to call their name, then talk to a judge in a formal space that might feel foreboding.
Mediation, however, usually takes place far away from a courthouse, and a neutral mediator is present rather than a judge. Mediators are there to help support and guide families through discovering areas of compromise and defining boundaries. Families can save money and time through mediation instead of participating in lengthy and expensive court procedures. Finally, the confidential nature can feel empowering and comforting.
Long-Term Benefits of Mediation for Post-Divorce Relationships
Mediation can save people valuable time and money they might otherwise spend unnecessarily in a heated and lengthy courtroom battle. Likewise, the collaborative forum can encourage people to hear each other and settle their differences in supportive and long-lasting ways.
Instead of arguing with and fighting against each other in front of a judge, the spouses can discuss matters in an open, confidential space that leaves room for boundaries and bridges.
Work With a Family Court Mediation Lawyer at Turner Family Law
Mediation allows you to discuss important and sometimes triggering legal topics — like parenting time and property division — in a confidential and structured setting. If you are ready to reap the benefits of family mediation, consider collaborating with a seasoned attorney who can help prepare you for this step.
J. Michael Turner, Jr., of Turner Family Law comes from a long line of family lawyers — one of whom went on to become a judge. He calls on his legal education and generational experience, as well as his own divorce, to serve and empathize with his clients who are going through a marital separation.
Connect with us today by calling 864-778-2734 to schedule a consultation to discuss your questions about the family court mediation process in South Carolina.
