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Why Is It Good to Mediate a Legal Case in Iowa?
Mediation is an alternative dispute resolution method where litigants resolve issues with a neutral third party. Instead of a judge, the parties decide on outcomes that affect their lives. Most Iowa family law cases involving child custody require mediation. Mediation also applies to civil cases like employment, probate, or small claims.
Save money and time
Mediation can help settle all or some issues in a case, saving parties money on attorneys’ fees and time. Many people also find mediation less emotionally stressful than testifying before a judge. Even without agreement, participants often gain clarity about the issues after a session. Additionally, mediation allows cases to be resolved without waiting months for a court date, and virtual sessions can reduce time off work.
Even if only some issues are resolved in mediation, parties save time and money in court. Mediation settles cases faster than waiting for a court date, which might be months away. Many mediators offer Zoom sessions, reducing time off work.
Understanding who mediators are can also be helpful in the mediation process.
Most mediators are attorneys, though not all. Mediators cannot provide legal advice, but should understand divorce law to keep mediation focused. Some have backgrounds like child therapy that may help your case. You can hire a lawyer for mediation preparation or representation.
You and the other party can choose a mediator together from an approved roster or list provided by the court. If you cannot agree, the court will appoint a default mediator for you. Some rosters may indicate each mediator's qualifications and areas of experience.
Knowing who will participate in mediation is an important part of preparing for the process.
Litigants can attend mediation with or without a lawyer. Mediators first screen for domestic violence to ensure mediation is appropriate. If abuse makes mediation unsafe, mandatory mediation may be waived. If ordered to attend but think it’s inappropriate, tell your attorney (if present) and the mediator before your session. The court can waive mandatory mediation if you apply with evidence of domestic violence under Iowa Code Chapter 598.7(1).
It is helpful to understand what to expect during a mediation session.
Iowa Code Chapter 598.7(4) requires attending a mediation session with the mediator and parties, hearing the process explained, presenting your view, and listening to the other party. Agreement is not required.
To help you prepare, Mediation Services of Eastern Iowa offers a helpful “How to Prepare for Mediation Sheet.” Access it here and take the first step toward a productive mediation experience: HOW TO PREPARE FOR MEDIATION.
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