Family court mediation allows separating spouses to discuss essential and heated topics in a structured and neutral setting. The spouses would have these talks in front of a mediator, a neutral guide who helps everyone explore legal matters and come to an agreement. The mediator and the participants may write a summary with recommendations to reflect what they talked about; however, they don’t have to agree to these later.
Turner Family Law has helped dozens of individuals and families move through the divorce process in a productive and supportive way. We understand firsthand what it’s like to have to live through a divorce where children are involved. We call on our personal experience and legal training to help guide and advocate for our clients who are in the midst of a divorce.
What Is Family Court Mediation, and How Does It Work?
Family court mediation is helpful — and sometimes required — when divorcing spouses disagree about the reasons or terms of a separation. The South Carolina Court Rules require people to participate in this process when they disagree about matters in the divorce proceeding.
During mediation, both spouses meet with a mediator — a neutral third party — who helps them talk through different issues in a controlled setting. At the end of the meeting or meetings, the mediator may write a summary and recommendations about what they discussed. The mediation process is non-binding, which means whatever they agree to isn’t automatically enforceable. That said, they may decide to sign on to the recommendations if they choose to.
The Benefits of Mediation in Family Court Disputes
For many divorcing couples, participating in family court mediation in Greenville, SC, can allow them to explore heated topics in a safe and neutral space. For example, they might not be on the same page about why divorce is necessary or legally allowed. Or they might not agree about the parenting time schedule or property distribution.
Mediation doesn’t happen in a courthouse or front of a judge, so having these conversations in this non-confrontational setting can sometimes open the door to more productive discussions. People may feel more comfortable exploring these charged topics in these situations versus in a heated court context.
Common Issues Addressed in Family Court Mediation
The mediation process offers a valuable opportunity for people to talk about many contentious topics in a structured setting. Matters that people might address include the following:
- The reasons for or against divorce
- Who the kids will live with
- How to divide up parenting time
- Who gets the marital home
- How to split their other assets, like the cars, joint accounts, or valuables
Additionally, the separating spouses might talk about alimony payments, child support, and payment of other expenses, like insurance. If either spouse has a retirement account or pension, they might also discuss if either spouse will receive payments from this as part of the marital settlement agreement.
How Family Mediation Differs From Traditional Litigation
In traditional litigation, both spouses go to court — usually with their respective attorneys — and argue their side of things in front of a judge. The judge asks questions, listens to what each person has to say, and reads over the documents each side presents. The divorcing spouses may go to court several times and have official hearings or a trial to talk about heated issues. At the end of the proceedings, the judge makes a decision on different matters, and each side must come up with or agree to an enforceable agreement.
Family mediation is part of the overall court divorce process. That said, the spouses do not have these conversations in a courthouse, and their attorneys may not be present. The mediator guides the discussions in a way that encourages people to have an honest and open dialogue about these issues. The proceedings are confidential, and the parties do not automatically have to agree to what they decide on.
The Role of the Mediator in Family Court Cases
In mediation, the mediator is a neutral third party. They may be a Greenville family mediation lawyer, a retired judge, or someone else who meets the requirements under the law and court rules. The mediator’s job in these proceedings is to guide discussions in a structured and productive setting.
They use their interpersonal and professional skills to help resolve challenging issues and offer strategies to work through matters. Their goal is to get people to a place where they can talk about important legal topics in their case — like custody, alimony, and child support — and reach possible solutions.
Is Family Court Mediation Right for Your Case?
If you and your spouse disagree about the terms or reasons for the divorce, South Carolina law may require you to participate in Family Court mediation. That said, not every case would benefit from mediation, nor is it always needed, even in contentious proceedings. If one spouse can’t engage in mediation because they are in jail or have mental limitations, for example, this forum may not be necessary or appropriate.
What Happens if Mediation Fails in Family Court?
Sometimes, the tension between divorcing spouses is so high that they can’t have productive conversations during mediation. If this is the case, they would continue the matter in court in that setting. The judge may ask them to try additional rounds of mediation later; however, the judge may decide that it’s better to resolve the matter in a courtroom context instead.
Choosing the Right Mediation Attorney for Your Family Law Case
The family court mediation process can be a helpful setting for you and your spouse to have fruitful conversations about the terms and reasons for the divorce. A family mediation lawyer can provide personalized and relevant advice as you prepare for this meeting. They can talk to you about the stuck points you encounter during the legal process and explore possible solutions.
Turner Family Law stands ready to provide you with timely, well-researched recommendations as you engage in the mediation process. We understand that it may feel confusing and overwhelming to go through a divorce and have to talk to a mediator. J Michael Turner, Jr. dedicates his practice to providing relevant, tireless support to clients who have made the difficult and empowering decision to end their marriage. Get in touch with us today by calling 864-778-2734 to schedule an initial consultation.
