Most divorce cases eventually settle. Most people probably don’t realize that but it is true. Divorce trials are not the norm. Because of this fun fact I believe that mediation in divorce or family law cases in general should happen sooner in the process instead of towards the end of the process.
As it is now most mediations take place as a last resort before your scheduled trial date. The problem with that is by the time you actually get to mediation you have spent a ton of money, time, and energy fighting the divorce. I have had several clients who have spent 5, 10, and in one case 50 thousand dollars in attorney fees before settling in mediation. Yes that’s right we’re talking 50k and that is just one side of the divorcing couple. They had basically spent the money they were fighting over.
If couples can come together sooner to lay out the issues and figure out how to be reasonable then not only are they going to save money but also some of their sanity. Having a divorce drag on for months or even years is not good for anyone’s health. And considering that most couples end up settling anyway, it’s better to try that first instead of last.