Divorce Mediation: Resolution Without Litigation
by
Tina Tran on Apr. 22, 2014
Lawsuit & Dispute Mediation Divorce & Family Law Child Custody Divorce & Family Law Family Law
Summary: Divorce mediation allows you to complete your entire divorce in less time, with less conflict, and with significantly less expense than the traditional legal process and litigation.
Divorce mediation allows you to complete your entire divorce in less time, with less conflict, and with significantly less expense than the traditional legal process and litigation.
Divorce mediation is a process in which an unbiased third party (the mediator) assists disputing couples reach agreement on issues such as:
division of community property and community debt, spousal support, and if the couple have children, child support and parenting plans.
Mediation provides the parties with a method of mutually and efficiently resolving issues in a private, safe and positive environment. In contrast to an adversarial proceeding, mediation emphasizes cooperative problem solving and addressing the needs of all involved. Parties have more control and are able to navigate their divorce settlements with less conflict than conventional adversarial divorces.
What Is the Role of the Mediator?
A mediator is a neutral professional specially trained to help you and your spouse reach agreement about all the important legal issues relating to your divorce. The mediator provides objective, unbiased support to help you make the best possible decisions. The mediator guides and facilitates discussions in the following ways:
- Provides and maintains a safe and respectful environment to discuss issues;
- Elicits discussion about the parties' needs and concerns; and
- Generates options for the parties to choose from.
The Advantages of Mediation
Mediation enables clear communication about relevant issues. Through mediation, the parties work through their concerns to develop solutions custom-fit to meet their needs. Benefits of mediation include:
Affordable and cost effective. The cost of going to court and pursuing an adversarial process is extremely expensive and burdensome to families both financially and emotionally.
Mediation is an affordable alternative to traditional litigation. You and your spouse will typically pay one professional who is dedicated to helping you both reach a resolution. You will pay for meetings rather than waiting time at court. You will not pay for costly court appearances and court preparation.
The parties retain control. In a traditional adversarial process, control over the individuals and their family issues is dictated by the lawyers on each side and the Judge in the courtroom. In mediation, the parties maintain control over decisions about their children, co-parenting plans, and how property and debts will be distributed and allocated. Important decisions about you and your children are not left in the hands of strangers.
Faster resolution. Parties set their own time frame for resolving issues, without having to wait months for an available court date. It is possible to resolve your issues with only a few sessions.
Greater confidentiality. The mediation process is confidential. A successful mediation reduces the need for the parties to file public pleadings or made allegations against each other in open court.
More flexibility. Mediation sessions are scheduled according to the parties’ schedules, and not the court’s busy calendar.
Protects children. Mediation is generally less stressful than litigation, allowing for a more peaceful home during the conflict. In addition, children benefit when parents resolve their differences in a cooperative manner in mediation. Like many other issues in mediation, the parties generally retain more control over their children’s interest and needs than they would if they chose litigation.
Focused and creative solutions. Mediation provides the parties with a method of mutually and efficiently resolving issues in a private, safe and positive environment. The process gives the parties the freedom and opportunity to formulate resolutions that will reflect each party’s individual values and unique needs.
What Types of Family Law Matters Can Be Mediated?
Mediation affords you and your family, not a judge,the opportunity to control the outcome of your case. Almost any family matter that you can take to court can be mediated. Some examples of family law matters that can be mediated include:
- Child custody, support, and visitation;
- Division of property, business, investments, and other assets;
- Debt responsibility;
- Spousal support;and
- Tax implications of divorce.
Effective Walnut Creek Divorce Mediators
At the Tran Law Firm our experienced divorce mediators will help you and your spouse find solutions that meet both your interests, as well as the interests of your children. Our Walnut Creek divorce lawyers have guided countless clients through successful divorce mediations, and we can help you and your spouse achieve an amicable end to your marriage. We encourage you to contact us today to learn more about the benefits of divorce mediation.