How Divorce Mediation Works
Unlike the conventional divorce process where each spouse hires an opposing attorney for litigation in court, with divorce mediation, both parties sit in a room with a mediator who guides them through the process of ironing out a settlement together. Through the process of discussion and negotiation, the couple works in a non-adversarial manner to resolve all the questions related to their divorce, including child custody and/or visitation rights, division of property, child/spousal support, etc. The mediator advises the couple on the provisions of the law and helps them work through disagreements to find effective compromises. Once they have agreed on the terms, the mediator submits the finalized settlement to the court for approval.
Resolving Disputes Creatively Can Save Time and Money
For couples looking for the least traumatic, least expensive path of divorce,we cannot recommend divorce mediation enough. As a certified mediator, Hollie A. Lemkin has helped hundreds of couples negotiate their own divorce settlements peacefully through the process of mediation, allowing them to part ways amicably and fairly while maintaining their dignity.
Advantages of Divorce Mediation versus Litigation
Mediation offers a wide range of benefits for divorcing couples as opposed to litigating in court:
- Couples stay in control. With mediation, you and your ex get to make all the important decisions regarding your divorce. In litigation, the judge makes those decisions for you based on California law.
- Less expensive option. Mediated divorces typically cost significantly less than hashing out a divorce in court. On average, couples will pay at least three times as much for a litigated divorce compared to mediation.
- Private and confidential. Everything that happens in divorce court becomes a matter of public record, including a family’s finances and “dirty laundry.” With mediation, you get to keep private family matters private.
- More amicable option. Since mediation takes a non-adversarial approach and allows for meaningful discussion, most couples who mediate their divorce maintain an amicable relationship afterward—an added plus if children are involved.
- Better for the children overall. Mediated divorce settlements usually involve less trauma for the children since the parents are both cooperating. Additionally, the children can avoid the undesirable possibility of testifying in court.
Is Mediation Right for Everyone?
No, not always. For mediation to work, both parties must be willing to come to the table with a spirit of cooperation, and in some cases that’s just not possible. Mediation is also irrelevant if domestic violence or other types of abuse are involved. But for divorcing couples who have the ability and willingness to negotiate, discuss and compromise as necessary, mediation is quite often the most peaceful and least expensive option. To learn more about whether divorce mediation is right for you, call our offices today.