When you file for divorce, you probably expect that you’ll have to go to court and make your case in front of a judge. That’s not the only requirement in Iowa, though. Parties in family law cases are now required to try mediation for their divorce. This is an alternative method for solving divorce-related issues, and the Dallas County divorce mediators from our firm would be happy to tell you more about it.

Is Divorce Mediation Really Mandatory in Iowa?

Mediation is a form of alternative dispute resolution that works by encouraging both parties to reach an agreement on matters with the help of neutral third-party individuals. While this can be used for a wide array of legal disputes, like employee-employer or landlord-tenant disputes, it is often used during divorce proceedings.

What Is the Mediation Requirement in Iowa?

Under Iowa law, a couple filing for divorce must attend at least one mediation session. This session must be scheduled within 90 days of the notice of divorce being served.

Are There Any Exceptions?

While mediation is mandatory for most couples, there are exceptions in which the court may waive this requirement. This includes:

  • Documented instances of domestic abuse
  • Severe power imbalance
  • Mental health risk
  • Substance abuse

How Does Mediation Work?

Understanding what to expect during mediation can help ensure that you can make the most out of this process.

What Happens During the First Meeting?

When you attend your first session, you and your spouse will provide basic information about your divorce and the current issues you face. This allows the mediator to get a better understanding of how to proceed. As such, this helps ensure they can create an agenda to ensure that future sessions are effective.

What Role Does the Mediator Have?

During mediation, a third party, the mediator, will be present. Their role in this process is to ensure that both parties feel heard, guide communication, and develop agreements. It is critical to understand that a mediator cannot provide legal advice or take sides. They must remain unbiased and objective throughout this process.

How Can I Prepare for Mediation?

If your mediation session is approaching, you can do the following to help prepare:

  • Gather all relevant documentation (financial statements, the divorce petition)
  • Have a clear idea of your non-negotiables and goals for the session
  • Get ready to negotiate in good faith
  • Understand the importance of remaining objective and focused
  • Discuss your options with your Dallas County family lawyers

What Are Some Advantages of Mediation?

Still not convinced? Let’s talk about a few of the reasons why mediation may be preferable to litigation. Mediation can:

Save Money

Going to court over and over again can cost you in legal fees, court costs, and lost wages. Mediation happens outside of court and around your schedule, helping you save a considerable amount of money during your divorce

Saves Time

You’ll probably have to wait a while to take your spouse to court, and the process does not speed up too much once you’re actually in front of a judge. You and your spouse may be able to work together to solve problems in less time than it would take to litigate them.

Remains Confidential

When you file for divorce, information about your separation will become public record. However, if you reach a decision through mediation, it will remain private. This is because mediation is a confidential process.

Gives More Control

When you go in front of a judge, you have to abide by their decision. It’s entirely possible that you get a deal that neither you nor your spouse is a big fan of. When you go to a mediator, you can potentially work out a deal that better suits both of you.

Is Mediation Ever a Bad Idea?

While mediation can be incredibly beneficial for a number of couples, it may not be right for everyone. Mediation may not be a viable option under the following circumstances:

  • One partner is a victim of domestic violence
  • One spouse is hiding assets
  • There is an extreme power imbalance
  • One spouse refuses to participate in good faith
  • There is an attempt to intimidate or coerce one party

Do I Need a Lawyer?

Generally, lawyers will not attend mediation sessions. However, it is in your best interest to retain the services of an attorney to review any legal documents that may arise from mediation before you sign them to ensure they reflect your best interest.
Similarly, working with a Dallas County divorce attorney can help you prepare for mediation by explaining your rights to help prevent an unfair outcome.

Talk to Our Legal Team

When you want to learn more about mediation and all of the dispute resolution options available to you in a divorce, contact Iowa Defenders, PLLC. We can schedule a consultation and take the time to learn more about your case.