Mediation is one option for resolving a family law case. In mediation, the parties and their attorneys meet with a neutral, third party mediator to help them resolve the outstanding issues in their case. Our firm has been very successful in resolving cases through mediation and there are many benefits to the process.
At mediation, parties can get things through negotiation that they would not be able to get from a Judge at trial. A good example of this is the dependency exemption on tax returns. Under the IRS regulations, the custodial parent is entitled to the dependency exemption. Thus, a Judge cannot award this benefit to a non-custodial parent. Many times, however, a non-custodial parent will benefit more from the dependency exemption than the custodial parent and may even be able to have more expendable money to pay in child support if given the exemption. In that case, the custodial parent can use the dependency exemption as a bargaining tool and give it to the non-custodial parent in exchange for something else during the mediation process.
Parties are usually happier with the results at mediation as compared to trial because they have some control over the outcome. When you go into a courtroom, your case is in the hands of a Judge who will listen to evidence and make a ruling on the issues. Many times, this results in both parties being unhappy to some extent. At mediation, you exchange offers with the opposing party and come up with unique solutions that a Judge may not consider.