Instead of a winner and a loser—which is often the outcome when issues are decided through litigation in court—both parties can emerge from the process with a positive result. Even better, because mediation works through a cooperative process rather than an adversarial process pitting one side against the other, mediation helps preserve relationships and fosters healing.

At Batley Family Law, we have long been committed to finding peaceful solutions to resolve family law conflicts, so we understand how to make the most of the mediation process. We invite you to schedule a consultation to discuss how mediation could help meet your particular needs.

How the Mediation Process Works in New Mexico

In traditional family law litigation, each party hires an attorney, and both attorneys present arguments and evidence to the Judge, which often creates tension and animosity between the parties that lasts far beyond the hearing at hand. The judge may have very little time to consider information presented before making a decision, and the outcome may not be what either party would have hoped for.

Mediation is almost the exact opposite. Each party may still work with an attorney who is focused on protecting their legal rights and advocating for them to the mediator. However, rather than just blinding arguing their client’s position, the attorney will help find solutions and negotiate on their client’s behalf but the attorneys will be providing outside advice, rather than arguing on the party’s behalf. Instead of presenting their case to a judge, the parties will be working with a neutral third-party mediator who is trained to help them focus together to compromise and develop solutions. The mediator does not issue an independent decision the way a judge does. Instead, the mediator helps both parties find common ground so they come to their own decisions. The parties control the process and the outcome.

It can take more than one mediation session to reach agreements if there are many issues to be addressed. Because matters are handled outside of court, costs are generally much lower and there is much less pressure to reach instantaneous resolutions. At the end of the process, the parties come away with a written agreement describing the decisions reached. Once the agreement is signed, it is an enforceable contract. The terms can also be incorporated into a court order as part of a divorce or custody determination.

Is Mediation Right for Your Case?

While mediation offers numerous benefits and can help families maintain positive relationships, the process will not work in every situation. Both parties need to be willing and able to cooperate, so mediation is not a good choice for situations where one partner intimidates the other or refuses to give in on anything. Our experienced attorneys can work with you to examine your situation and decide if mediation is a good option for you.

Generally, family law attorneys in New Mexico will not recommend mediation in cases involving:

• Allegations of child abuse or domestic violence
• Suspicions that one party may be hiding assets from the other
• Communication difficulties or high-conflict
• Parties with manipulative or narcissistic personalities
• Situations with a significant imbalance of power

If you start the mediation process and are unable to reach a settlement, then matters may need to move forwardthrough traditional litigation or other methods.

Talk to an Experienced New Mexico Family Mediation Attorney

At Batley Family Law, we have helped clients resolve a wide array of disputes through mediation. Our experienced attorneys are trained to serve as neutral mediators, but they are also prepared to serve in advisory roles in family mediation to protect your specific interests and ensure that settlement agreements will be approved by a court.

Would you like to know how mediation would work in your situation? Call our Albuquerque office today at (505) 246-0500 or fill out this contact form to schedule your confidential case evaluation.