Considering divorce or separation? Mediation might be the right path.
If you are considering divorce or separation, mediation might be the right path. Divorce or separation does not have to involve courtrooms, high conflict, or excessive legal costs, even when children are involved. Mediation offers an alternative approach that can be more respectful, more efficient, and more focused on long-term solutions for your family.
Mediation is a confidential, guided process where you and your spouse work together to reach an agreement with the help of a neutral third party called a mediator. This process gives both parties the opportunity to express concerns, identify goals, and craft a resolution that fits their particular needs.
Kentucky law encourages amicable resolution of family disputes. KRS 403.110 requires that the statutes under Chapter 403 (divorce and custody) be liberally construed and applied to achieve their purposes, including to promote the amicable settlement of disputes that have arisen between parties to a marriage. Because of this, courts in Kentucky frequently order mediation after a divorce or custody case has been filed. In court-ordered mediation, each party usually attends with an attorney. These mediations are often scheduled during the course of litigation and can help narrow or resolve contested issues.
Mediators in Kentucky must meet certain training and experience requirements to be court-approved. A mediator must complete at least forty hours of family mediation training. They must also observe other mediators in practice. Parties are not required to use a court-approved mediator in private mediation, but doing so ensures the person has formal training in conflict resolution and family dynamics. You may want to find a mediator that has a skill set in a particular area that would be helpful to the resolution of your case such as experience with business valuations or executive employment compensation.
Mediation can also take place voluntarily, even before anything is filed in court. In a voluntary mediation setting, the parties may choose to meet with a trained mediator before beginning the legal process. Attorneys may participate in these sessions, or they may serve as consulting or review attorneys who help you prepare and later review any proposed agreement. Voluntary mediation can allow for more flexibility, since sessions can be spaced out and scheduled according to your availability.
Mediation may take place in the mediator’s office, in an attorney’s office, at a neutral location, or by video conference. Many mediators now offer remote sessions to increase convenience and reduce stress. You should come to mediation with financial information, any relevant legal documents, and a clear sense of your priorities. Your attorney, if involved, can help you prepare by identifying the issues to be resolved and gathering materials you may need.
The number of sessions required depends on the length of the session, complexity of the case, and the willingness of both parties to compromise. Some couples reach a full agreement in one session, while others attend multiple sessions over the course of several weeks. In Kentucky, the most common practice is to attend a day-long mediation session and attempt to resolve all issues at once.
Mediation can be a good option if you want to avoid a prolonged legal dispute, preserve a working relationship as co-parents, and maintain control over the outcome of your case. Because it is private and focused on resolution, mediation often leads to more durable and customized agreements than those imposed by the court.
Mediation is not right for everyone. It may not be appropriate in cases involving domestic violence, a significant imbalance of power, or a complete unwillingness to participate in good faith. Even in high-conflict situations, however, mediation can be effective when both parties are committed to reaching a resolution.
Mediation offers families a different way forward, one that emphasizes cooperation, privacy, and long-term problem solving. If you are navigating divorce or separation, it is worth considering whether mediation can help you reach a resolution that works for your future.