Archive for the ‘Custody/Divorce Mediation Pro’s and Con’s’ Category

Custody/Divorce Mediation Pro’s and Con’s

Friday, January 18th, 2019

Mediating a domestic case can often provide significant benefits to everyone involved–with the right mediator, that is. First, let us briefly discuss what mediation is, and is not. Mediation is defined (by Black’s Law Dictionary) as “a private, informal dispute resolution process in which a neutral third party, the mediator, helps disputing parties to reach an agreement”. In essence, it is simply a facilitator of communication and compromise between those in conflict. A cooler head is so often needed in the emotional turmoil of custody and divorce law.

The sole downside to mediation is that it is not binding on the parties and not enforced as would be a judgment in court. The local sheriff will not help in effectuating a mediator’s judgment, because frankly there is no judgment at all. Mediation is still a highly effective tool, and I will lay bare the reasons that I strongly believe it more often helps than hurts.

  • Court dockets are slow, mediation can resolve dispute quickly. A good mediator knows how to lean on both parties and seek middle ground within weeks, not months and even years. Time is precious and domestic court cases are not sensitive to how much of it you will spend.
  • Mediation is private. Do you want harmful allegations and bare emotion made a part of public record? It does not take much for anyone who looks to see all of the details of a nasty court case, whereas mediation is confidential and private.
  • Mediation can (not always, but most often) save you attorney fees and protracted litigation, multiple court appearances, and the stress that accompanies them.

I would like to state unequivocally that a good mediator be neutral yet decisive and be able to exert pressure on each party to compromise. One of the best domestic mediators is going to be John Grant III, a recently retired Rankin County Chancery Court judge. He now works for the Shows Law Firm in Flowood, Mississippi and embodies all of the qualities an effective mediator requires. I am not being compensated in any way for this opinion, and want to be clear that my thoughts are a result of having practiced in front of him for well over a decade. He is thoughtful, neutral, and will push to resolve domestic disputes confidentially and in fairness to all.

Matthew Poole Speaking at National Business Institute Seminar on Divorce Practice and Procedure

I want to briefly mention that I will be speaking on divorce practice and procedural issues at the National Business Institute Continuing Education Seminar on July 18, 2019 at the Marriott Hotel, downtown Jackson, Mississippi. I am joining 5 other lecturers for the “Family Law A-Z” seminar and look forward to (hopefully) making some sense of the steps in simplifying a path to a clean, stressless divorce which can save your clients, or you, time money. I hope to make this as fun, yet informative as possible. My fellow lecturers and I will surely have some insight that is useful and practical for domestic practitioners.

Matthew Poole is a Jackson, Mississippi domestic attorney and nationally recognized expert in the area of custody and divorce law. He was admitted to the Mississippi Bar in 2004 and is located in northeast Jackson.