Navigating the end of a marriage can be one of the most challenging experiences in life. While the traditional view of divorce often involves a bitter legal battle in court, many couples in Missouri are now turning to a more collaborative approach: mediation. 

At Columbia Family Law Group, LLC, we help our clients understand all of their options, including whether mediation would be a suitable option for their unique situation. This less adversarial method can save time, money, and emotional stress, but it’s not always the best choice for every couple.

What is Divorce Mediation?

Divorce mediation is an alternative dispute resolution process in which a neutral third-party, called a mediator, helps you and your spouse to negotiate a settlement on various aspects of your divorce, including the division of property, debts, child custody, child support and alimony. The goal is to reach an agreement that is acceptable to both parties.

It is essential to understand that mediators cannot provide legal advice to either party or impose a decision. Instead, their role is to ensure productive discussions and focus on finding a resolution. Therefore, it is still recommended that each party have their own attorney, such as our team at Columbia Family Law Group, who can review proposals and provide legal guidance throughout the process. Any final agreement reached through mediation will then be formalized into a legally binding document and submitted to court for approval.

The Legal Foundation for Mediation in Missouri

Mediation is not a casual concept in Missouri law. It is a recognized and encouraged process that is often ordered by the courts in cases involving child custody and visitation disputes. The state’s statutes provide a framework for these decisions, emphasizing the best interests of the child.

Missouri is an “equitable distribution” state when it comes to marital property and debt division. This means that property and debts are divided fairly, although not necessarily equally. The factors that a court considers when making these decisions are outlined in Missouri Revised Statutes § 452.330.

A skilled mediator can help couples apply the same legal principles in their negotiations, often with more flexibility and creativity than a judge would have. This can lead to a more amicable resolution that benefits all parties involved, including the child.

Benefits of Choosing Mediation

For eligible couples, mediation can offer significant advantages over going through a divorce trial in court:

• Cost-Effectiveness: Mediation is typically much less expensive than a prolonged court battle with multiple hearings and discovery processes.
• Speedy Resolution: You can often reach an agreement in a matter of weeks or months, rather than having to wait over a year for a court hearing.
• Privacy and Control: You and your spouse maintain control over the final outcome. Court records are public, but mediation is a confidential process, protecting your personal and financial information.
• Emotional Well-being: The cooperative nature of mediation often leads to a less hostile and contentious atmosphere, which can be especially beneficial if children are involved. This can help establish a healthier co-parenting relationship for the future.

When Mediation Might Not Be the Best Option

Despite its benefits, mediation may not always be an appropriate solution. There are certain situations where it may not work well, such as:

• Domestic violence or power imbalance: If there is a history of abuse or intimidation, or if one partner dominates the other, it can be difficult to reach a fair agreement through mediation.
• Dishonesty or hidden assets: The process requires full disclosure of financial information and good faith, so if one party is not being honest or has hidden assets, mediation may fail.
• Severe hostility: If communication is so difficult that even a trained mediator can’t facilitate a productive conversation, court intervention may be needed.

How Our Columbia Divorce Attorneys Can Help

At Columbia Family Law Group, LLC, we have over 35 years of experience in family law, including divorce mediation. We can help you decide if mediation is the right choice for your situation. If you choose to proceed with mediation, we will prepare you for each session and ensure that your legal rights are protected during negotiations. We will also carefully review any proposed agreements before you sign them.
Our firm serves clients throughout the Columbia area and we provide the guidance and support needed to navigate the divorce process efficiently and effectively. If you are considering a divorce and want to learn more about mediation, contact us to schedule a consultation.