Mediating Before A Temporary Order

Mediation is a useful tool when trying to resolve disputes between two or more parties.  Because every family’s situation is different, the option of mediating before temporary orders versus waiting until the final trial is something that should always be considered – whether for the sake of children, or from a cost standpoint.

Temporary orders provide a quick, legally binding ruling to parties when decisions on child custody, visitation, finances and other matters need to be addressed prior to a court hearing.  Oftentimes, it allows the involved parties a quick solution until things can be resolved at a later date, so it is critical parties come prepared and know what they are asking for. Depending on your situation; however, you may want to consider mediating prior to a temporary order, if you feel strongly your legal affair can be resolved quickly, and without excessive stress from either party involved.

Below are things to consider when mediating before a temporary order:

When dealing with a family dispute, divorce or other family law issue, consider what’s best for your situation:

  • If two parties can resolve disagreements without having to sit before a judge, it can save money and keep feelings of resentment to a minimum. If both parties agree, an entire case can be settled prior to a temporary order or show cause hearing.
  • It costs money to mediate.  If the parties involved can’t settle prior to a temporary order, you have to pay lawyers’ fees for any mediation, temporary order or show cause hearing, the situation where judges listen to evidence and make a ruling based on the findings.  If you believe you and your party won’t be able to settle early on, it may be best to skip mediation and go directly to trial.

When you are in a situation that allows you to settle before a show cause hearing, knowing what’s best for your situation allows you to keep costs to a minimum, and navigate through a legal nightmare with confidence. Communicating with your attorney early on will provide him or her a sense of the best approach and ensure that your attorney is prepared for early mediation or the show cause hearing.

The O’Neill Law Firm is skilled at early mediations, as well as trial situations. For more information on services offered, click here.