Divorce is an emotional and complex process, even when two parties are amicable and committed to a mutually beneficial resolution. In order to reduce the stress often associated with ending a marriage, some couples choose to go through the mediation process instead of the traditional litigation process. Mediation is a form of alternate dispute resolution.
This is an option for divorce if you want to have more control over the terms of your final divorce order and stay out of the courtroom. There are many reasons why this could be a beneficial choice for you, and before you decide how to move forward, you may want to learn more about this process. Even in mediation you will benefit from having the support and guidance of an experienced divorce attorney.
What happens in mediation?
Mediation is a process of resolving disputes through discussions, negotiations and conversations. A neutral third-party mediator leads the negotiations and helps both sides work through issues. When there is a resolution, the mediator can help the couple decide on the terms of their divorce order. Some important facts about mediation include:
- The mediation process will last as long as necessary to come to a resolution. If the process is not working, couples have to option to stop and go through litigation.
- Because a mediated divorce typically takes less time to resolve than a litigated divorce, it is possible that it will cost less.
- One of the most important jobs of the mediator is to give both parties the opportunity to speak freely and express concerns during the process. One spouse with a stronger personality will not overrun the other.
- Generally, mediation allows both spouses to have a stronger say in what they want their agreement and post-divorce future to look like.
In order for mediation to work and a couple to benefit from it, both parties have to respect the process and commit to working together.
When it comes to mediating the terms of your post-divorce future, experience matters. When choosing your attorney or your mediator, it is most prudent to work with professionals who understand California laws, know what it takes to successfully mediate a divorce and are committed to your success. If you would like to learn more about mediation, it may help to discuss this option with an attorney before you move forward.