A Pathway to Resolution

Family law issues—whether involving divorce, child custody, spousal support, or property division—are among the most emotionally charged and complex legal matters a person can face. In many cases, families experience high levels of conflict, making traditional litigation a painful and prolonged process. Thankfully, there is an alternative that offers a more collaborative and less adversarial approach: mediation.

Mediation is increasingly recognized as a cost-effective and emotionally healthier way to resolve family disputes. In fact, many Iowa Courts require mediation to occur before they will enter any kind of final order in a case.

What is Mediation?

Mediation is the process in which a neutral third party—known as the mediator—facilitates discussions between two parties to help them reach a mutually acceptable agreement regarding their legal issues. The mediator is not a judge, and they do not have decision-making power, but they are trained family law attorneys. Mediators do also not give the parties legal advice; this is the role of your attorney. A mediator’s role is to guide the parties toward a resolution by clarifying the issues and finding room for compromise.

Unlike courtroom litigation, where a judge makes the final decision, mediation empowers the parties involved to take control of their own outcome. If the mediation is successful, the parties’ agreement will be submitted to the Court for approval.

How Does Mediation Work?

Mediations generally take place virtually, over a platform like Zoom. Parties are placed in their respective, confidential breakout rooms with their attorneys. The mediator will go back and forth between the two rooms, discussing the major issues in the case. For example, in a divorce case where children are involved, we generally address two key issues: 1) custody of the children and 2) financial matters. Each side will have the chance to make “offers” to the other, and the mediator will help problem-solve and find areas of agreement between the parties. In an agreement is reached, the parties will reduce the agreement to writing, and that document will be signed by all parties. The document will then be submitted to the Court for approval.

Benefits of Mediation

Mediation offers several key advantages over traditional litigation. Here are some of the reasons why mediation might be the preferred route to resolution for you and your family:

1. Cost-Effective

Litigating a family law case in court can be expensive. Legal fees, Court costs, and time spent preparing for hearings can add up quickly. Mediation is often far more affordable. In Iowa, mediators typically charge $100 to $180 per hour, with each party paying one-half of the fee. With fewer hearings and a shorter timeframe to resolve the issues, mediation can save both time and money.

2. Less Stressful

Going through a family dispute in court can be emotionally draining, especially when children are involved. Mediation provides a less combative environment and encourages respectful communication. For families already under stress, this less confrontational process can be less taxing on mental and emotional health.

3. Faster Resolution

Court cases can take months or even a year to resolve, especially if they are highly contested. Mediation moves much more quickly, allowing families to reach a resolution much faster. This is important, especially when children are involved.

4. Control Over the Outcome

In litigation, a judge makes the final decision about the outcome of the case after reviewing exhibits and hearing the testimony of the parties. In mediation, the parties themselves work together to craft a solution that meets the needs of their family. This gives both parties more control over the outcome and can result in solutions that better fit their lives.

5. Confidentiality

Mediation is a private process. Unlike Court proceedings, which are part of the public record, the details of a mediation session are confidential. Parties have the opportunity to consult with their attorney throughout the entire process. If an agreement is reached, only the final terms are submitted to the Court for approval.

6. Improved Communication

Mediation encourages open communication between the parties, helping to rebuild trust and understanding. This is especially beneficial in cases where children are involved and where a co-parenting relationship must be built (or re-built).

Conclusion

Family law mediation offers a valuable alternative to litigation, providing a less stressful, more cost-effective way to resolve disputes. By fostering communication and compromise, it can lead to outcomes that are more tailored to the needs of everyone involved. Our attorneys at Family Law Solutions of Iowa are experienced mediators, and we are ready to help you build a settlement agreement that will work for you and your family.