(704) 275-0951Episode 5
Unlocking the Power of Mediation in Family Law
Navigating the complexities of family law can be a daunting experience for many. Whether it’s divorce, custody battles, or child support, emotions often run high, making resolution difficult. However, family law attorney Jana Jones, based in Charlotte and Mint Hill, North Carolina, emphasizes the importance of mediation as an alternative to litigation.
In a recent episode of Advocating for Dads with Jana Jones, Jana sat down with host Matt Sky to discuss why mediation can be a valuable tool in family law cases and how it benefits both parties.
As Jana explains, mediation allows both parties to settle their differences without going before a judge. A neutral third party, known as a mediator, facilitates the conversation and helps guide the parties toward an agreement. Unlike litigation, where the outcome is in the hands of a judge, mediation allows the individuals involved to have more control over the result.
Jana’s practice has always incorporated mediation. She says, “I feel like every case is unique and different. Some cases are right for mediation. We’ll probably get a better result if the parties utilize mediation.”
The success of mediation depends on how far apart the two parties are on critical issues. Jana notes that mediation is ideal when a relative agreement exists on assets, liabilities, alimony, and child custody. However, when the parties are “light years apart”—for instance, when both parents seek primary custody or when one party refuses to pay alimony—mediation may not be effective.
That said, even in cases with seemingly insurmountable differences, Jana stresses the importance of knowledge. “Anything can be prosecuted. Not everything should be prosecuted,” she explains. Before deciding on a course of action, Jana ensures her clients understand the pros and cons of mediation and litigation, including the time, effort, money, and risk involved.
Mediation follows a structured process that begins with selecting a mediator. If both parties have legal representation, their attorneys collaborate to choose a mediator. Once a mediator is selected, availability is checked—top mediators may be booked months in advance.
On the day of the mediation, a preliminary meeting is held, during which the mediator explains the process. Afterward, the parties typically separate into different rooms, and the mediator shuttles between them, gathering information and facilitating offers.
Jana emphasizes that mediation is a more relaxed and private setting than court. In mediation, the rules of evidence don’t apply, allowing parties to speak more freely and share personal context that might not be admissible in court. “You can be a little bit more relaxed…and the mediators want to try to help you guys agree,” she explains.
One of the main benefits of mediation is the ability to resolve a dispute on the same day. Unlike litigation, where court orders can take weeks or months to finalize, mediation often results in signed agreements immediately after the session. This gives the parties peace of mind and a sense of security, knowing the matter is resolved.
Another advantage is the cost. While mediation does involve an hourly fee, it’s significantly less expensive than going through the entire litigation process. “Mediation is far less expensive than paying the hourly rate or flat fee of a divorce attorney going all the way through litigation,” says Jana.
Mediation offers flexibility that courtrooms simply can’t. It allows for the discussion of nuances—details that may not matter in a legal setting but are deeply important to the parties involved. These might include decisions about pets, specific assets, or unique custody arrangements. Judges, bound by the law, may not have the time or inclination to consider such details, but a mediator can.
Jana emphasizes that mediation makes parties feel heard, which is often crucial to resolving. “A mediator can be a little bit more of a sympathetic ear and try to get to the heart of why somebody feels so strongly about their position,” she explains.
For Jana, mediation is always a preferred option. She points out that in court, the parties relinquish control over the outcome to the judge, who will make decisions based strictly on the evidence presented. In mediation, however, the parties can play a significant role in shaping the outcome.
Jana Jones strongly advocates mediation in family law cases, particularly for those seeking a more private, cost-effective, and timely resolution. Her extensive experience in family law allows her to guide her clients through the process with compassion and understanding.
For families navigating divorce, custody, or child support issues, mediation can be a powerful tool for reaching an agreement that leaves both parties feeling more in control of the outcome.