MEDIATION IS EASIER, LESS EXPENSIVE AND PROVIDES EMOTIONAL RELIEF
There is a misperception that litigation will validate your position and give you appropriate relief. However, with mediation you will maintain control of your case and craft the best result for yourself, not the one a judge creates after hearing your case for only a brief amount of time. Through mediation, the parties will learn to compromise and to navigate adversity with their former spouse. This will benefit children immensely. Children feel safe when they see their parents work together because in most circumstances, children need both of their parents.
A mediated divorce uses an impartial third-party mediator to help the parties facilitate an agreement that resolves issues that arise during the divorce. The mediator does not make decisions or mandate outcomes. Their role is to help the parties respectfully and efficiently to reach mutually agreeable solutions.
We constantly hear from parties they want the divorce to be final quickly and they want to save money. On average, if a couple chooses to litigate it can take up to 19 months and they can spend roughly $15,000 to $30,000 to get divorced according to Forbes magazine. In our experience, by using a Mediator in California, parties can obtain a final dissolution judgment in as little as 6-months – depending upon the backlog at the court at a cost of possibly $2,000 to $3,000 total – depending upon the level of cooperation of the parties. In addition, mediation can be cathartic in that the parties get to be heard in a safe environment, which allows the parties to communicate better in the future. This is especially helpful if there are children of the marriage. Thus, we are constantly asking our clients “Why wouldn’t you mediate your divorce?”
Benefits of Mediation in Divorce:
· Increased control over the divorce process: Allows the parties to maintain control of the divorce settlement in terms of the process and the outcome
· Improved communication: Promotes a collaborative decision-making process, which can benefit post-divorce interactions
· Privacy: Maintains some privacy of the parties as everything but the final decree occurs outside of the courtroom
· Decreased cost: Reduces the cost of the divorce process compared to litigation
· Faster process – A contested divorce can take up to a year or more to be resolved. Scheduling a court date, getting two attorneys to agree on the court date, and going through the discovery process on top of your busy schedule are all causes of delay. By contrast, mediation only takes a few months. You are given the flexibility to schedule meetings according to your schedule without having to wait for a court date or meetings with attorneys.
· Benefits children – When parents can work together to resolve their issues without taking their divorce to court, it also means they can work together to successfully co-parent their children.
ALL ISSUES USUALLY CAN BE MEDIATED
· CHILD CUSTODY AND VISITATION - in fact this is usually mandated by the court before a hearing;
· CHILD AND SPOUSAL SUPPORT
· DIVISION OF COMMUNITY ASSETS AND DEBTS
· CONFIRMATION OF SEPARATE PROPERTY ASSETS AND DEBTS
· HOW TAXES WILL GET FILED
GENERAL MEDIATION PROCESS
· INTERVIEW MEDIATORS
· HIRE MEDIATOR
· PREPARE, FILE AND SERVE PETITION FOR DISSOLUTION
· PREPARE FINANCIAL DISCLOSURES
· PARTICIPATE IN MEDIATION – on-line or phone calls as needed
· WORK TOWARDS AN AGREEMENT
· EXECUTE AGREEMENT
· RECEIVE DISSOLUTION JUDGMENT IN MAIL
CERTIFIED MEDIATORS
Mediators are specially trained to diffuse high conflict controversy and they work to reduce emotions in order to promote agreement. Mediation encourages expression to promote agreement. Attorney Colleen Hemingway is a certified Mediator from Pepperdine University Straus Institute for Dispute Resolution and has conducted many marital dissolution mediations.