David L. Hodges received his training and certification to mediate family matters from the Attorney-Mediators Institute in May of 1994.

Family Litigation

Why Mediate Family Litigation?

A mediated agreement will generally cost a fraction of the cost of adversarial litigation in court. It is not unusual for the parties to expend all or most of their liquid assets to have one side “win.” Attorneys who are engaged in a family litigation practice know that both parties usually leave the courtroom with a bitter taste for the process, if not the result.

By contrast, the mediation process enables the parties to emerge from a divorce with their dignity and with their self respect intact. Where children are involved, mediation protects family relationships and establishes a sound foundation for continued parenting.

The goal of mediation is to enable the parties to plan for and deal with their futures. It is a forward looking process. It does not focus on the past nor does it seek to assess blame.

Research has shown that parties are more likely to comply with the terms of an agreement which they have fashioned themselves, rather than one imposed upon them by the court. Post divorce litigation is thereby reduced.

Since mediation can generally be concluded in a limited time frame, there is less delay, confusion and uncertainty as to the outcome, and the emotional toll on the parties and on family members is greatly lessened.

Since mediation is informal, non-adversarial and totally confidential, it encourages a frank discussion of not only the fact issues, but more importantly, the emotional issues that need to be resolved.

A party who becomes dissatisfied with the mediation process can withdraw at any time. This insures that neither party can intimidate or exploit the other party or manipulate the process itself.

Mediation recognizes that both parties have legitimate needs and helps develop options that will successfully reconcile those needs to the satisfaction of both parties.

Through mediation the parties can make agreements with respect to matters over which the court has no jurisdiction, or may be legally irrelevant in court. The parties can fashion creative financial and tax planning solutions which can benefit both parties.

A mediated agreement will normally include a provision for mediation of disputes that arise in the future, including implementation and modification of the original agreement.

In many cases, the parties will continue to have contact with each other through their children. Mediation helps improve communication between parties, improves their future relationship, and reduces the chance of future litigation.