Mediation: A Practical Path Forward in Alabama Divorces

Divorce can be long and emotionally challenging. It affects more than just the marriage—it impacts children, careers, finances, and the personal relationships that surround a family. When you decide to move forward with divorce, having an experienced family law attorney by your side is essential.

Before a divorce is ever set for trial, the parties typically engage in discovery, negotiations, and ongoing discussions between the lawyers (if both parties have legal representation). When these negotiations reach an impasse, the court may order mediation or the parties may mutually agree to participate in mediation as an alternative to litigation.

What Is Mediation?

Mediation is an alternative dispute resolution process strongly encouraged in Alabama family law cases. Under the Alabama Civil Court Mediation Rules, mediation is a voluntary, confidential process in which a neutral, trained mediator facilitates settlement discussions between the parties. The mediator’s role is not to take sides or decide the case, but to help both parties focus on their needs and interests rather than rigid positions.

It is important to remember:

• The mediator cannot impose a decision,

• Everything discussed is confidential, and

• You maintain control over the outcome.

Why Mediation Is Often the Better Choice

While mediation does involve costs—such as the mediator’s fees and your attorney’s time—it often saves clients thousands of dollars because it eliminates the need for a final trial and the extensive preparation that comes with courtroom litigation.

Benefits of mediation include:

• Significant cost savings compared to trial

• Reduced emotional strain and conflict

• Faster resolution than waiting for trial dates

• More control over the outcome

• Confidentiality and privacy, unlike public trials

A More Peaceful, Efficient Approach

For many families, mediation offers a more respectful, constructive, and efficient path toward resolution. It gives both parties the opportunity to craft an agreement that reflects their unique needs—without the stress, expense, and uncertainty of trial.

How does mediation actually work? 

Every mediator and mediation is different so there is not an exact procedure for the process. In family law and divorce cases, the parties are often split into two separate rooms given the emotions involved and explained the process.  The mediator will listen to each side, take offers back and forth, and addresses each parties concerns. The process generally continues until some or all of the issues in the case are addressed and resolved or until the parties reach an impasse and the session is ended. It is possible to settle on some issues and not others. For example, if you settle on child support and the division of property, debts & assets but breakdown on child custody, you will still need to have a final trial on the issue of child custody assuming that issue doesn't settle before the final trial date.