Since there is a possibility of substantial savings in attorney fees, more marital assets will be available to meet the many needs of both the children and the former spouses. Take advantage of a mediator's expertise. Family mediators are truly knowledgeable about and experienced in family law issues. In litigation, participants often expect the judge to have specialized experience or training in family law matters, but this is not always the case. In many states, no specific training or experience in family law is required for an assignment to the family bench.
Many judges indicate that they are uncomfortable making decisions about normally private matters.
Keep private matters private. Many litigants would prefer to have their disputes remain in the confines of a privileged mediation session, rather than be made a part of the public record through judicial proceedings. Mediation allows issues that would not be admissible in court under applicable evidence rules to be discussed. This discussion may enable the parties to move forward and develop constructive options for amicable resolution of their divorce proceeding. Some clients who are harboring feelings of anger, revenge, hurt, or betrayal do not realize that many of the items they are so anxious to expose in a divorce proceeding may never be discussed at a trial, such as a party's adultery in a no-fault divorce state.