Divorce can present a variety of challenges, both emotionally and financially, especially when couples anticipate drawn-out court battles and expensive attorney fees. Many spouses considering divorce wonder whether mediation can lower the cost and help them resolve issues more efficiently. When filing, it is crucial to understand all of your legal rights and options. Continue reading and consult with a knowledgeable St. Louis County divorce lawyer for more information today.

What is Mediation?

Mediation is a confidential alternative dispute resolution process where a neutral third party, known as the mediator, helps facilitate negotiations between disputing parties. Unlike a judge, the mediator has no decision-making power. Their role is to guide communication and help the parties explore creative and mutually agreeable solutions.

When it comes to a divorce, mediation acts as a way for spouses to cooperate outside of a courtroom setting and work together to negotiate the terms of the settlement agreement. Through mediation, they can resolve disputes regarding property and debt division, alimony, child custody, and child support.

If an agreement is reached, the terms can be drafted into a settlement agreement and presented to the court for approval. If one or more topics have not been resolved, however, the case will likely proceed to trial.

Many Missouri courts require or strongly encourage mediation when parents have unresolved child custody or parenting disputes, though mediation is not automatically mandatory in every divorce case.

Can Mediation Lower the Cost of My Divorce in MO?

Yes, mediation may lower the cost of your divorce in Missouri by allowing you to avoid lengthy court battles and expensive attorney fees. Mediation typically reduces:

  • Billable attorney hours
  • Court appearances
  • Discovery disputes
  • Motion practice
  • Trial preparation expenses

Couples who are able to cooperate during mediation often finalize divorces faster, which reduces overall legal fees. In addition, court schedules and backlogs can delay contested cases for months or even years. Mediation allows couples more flexibility to schedule sessions and resolve issues without having to wait for court dates. Faster resolutions often lead to reduced emotional stress and financial strain.

Are There Instances Where Mediation May Not Lower Costs?

While mediation is often beneficial and cost-effective for couples, it is not foolproof. In certain high-conflict situations, the process could actually increase your total expenses.

Mediation is generally ineffective if:

  • A significant power imbalance exists, especially in cases involving domestic violence
  • One party refuses to cooperate in good faith
  • One spouse is dishonest about finances or attempts to hide assets
  • Severe custody disputes exist

If mediation fails due to one or more of these issues, litigation may be necessary after all. In this case, mediation fees are added to the future attorney and trial expenses, resulting in even higher costs.