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Mediation and Litigation

Posted on in Mediation

California divorce lawyerDivorce is rarely an easy decision, but when couples take steps to end their marriage, they are likely ready to leave a relationship that is not working and move on to the next stage of their lives. However, the process of divorce can be incredibly complex, and people are often unprepared for the costs involved in the legal process of dissolving their marriage. However, if couples are willing to work together to reach a resolution, they may be able to use mediation, which can allow them to complete the process more quickly, efficiently, and effectively. Divorce mediation provides the following benefits:

  1. Cost savings - Litigating a divorce in court can be incredibly costly. Each spouse will typically need to hire an attorney, and they will be required to pay for the time their lawyer spends preparing documents, communicating with the other spouse’s lawyer, discussing the case with them, and attending court. When using a mediator, however, the couple will typically split the fees for mediation sessions or any other services the mediator provides (such as preparing documents), and mediation can result in savings of 40-60% over the costs a divorce completed through litigation.

  2. Time savings - A litigated divorce can be a lengthy process, requiring multiple court dates that depend on the availability of the spouses, their attorneys, and the judge. In contrast, mediation allows a couple to resolve the outstanding issues in their divorce (including the division of property and decisions regarding child custody and visitation schedules) in a much faster and more efficient manner.

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b2ap3_thumbnail_mediation_20171101-034651_1.jpgCalifornia custody lawyerTelevision and film are rich with depictions of litigation, courtrooms, and righteous legal prose. In film, there are the many adaptations of novels written by author John Grisham, including The Firm, The Client, and The Pelican Brief, among others. On television, there are How to Get Away With Murder, Suits, and, perhaps the all-time most well-known show, Law and Order. A common thread among all these many narratives is the element of confrontation.

The reason for this commonality is the adversarial nature of litigation. Whether between a state prosecutor and a local criminal defense attorney or between a tort litigator and the defense counsel in a civil court, the parties are fighting for the outcome that best serves their interests. As human beings, we are wired to be interested in competition and conflict in the social world, as these activities have much to with power – a resource central to so many of the activities of society, whether in the U.S. or abroad. An experienced Los Gatos mediation attorney, however, knows that mediation and compromise may succeed where competition and conflict fail.

Bay Area Wealth and Property Values Bear on Matters of Mediation

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California mediation attorneyGray divorce - those involving spouses over age 50 - are on the rise in the U.S. Among this group, the divorce rate has roughly doubled since the 1990s, according to data from the National Center for Health Statistics and U.S. Census Bureau. Among spouses 65 and older, the divorce rate has tripled in the same period of time.

Experts say that baby boomers, who as a group experienced marital instability earlier in life, are contributing to the rising divorce rate in this age group as subsequent marriages tend to be less stable than first marriages.

Divorces among these population groups often focus on certain types of issues due to the station in life that the spouses find themselves in. Mediation with a qualified Saratoga divorce attorney can be a great fit for those going through a gray divorce for several reasons.

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California mediation lawyer, California divorce attorneyPerhaps you are in the middle of divorce conversations. Maybe you were just served divorce papers out of the blue when you thought everything in your marriage was normal. Maybe you finally have had enough and are ready to call it quits but have not dropped that bomb on your significant other. In any of these situations, it is very likely that you have questions and are out exploring information. Even if you have gone through a divorce before, the culture and the divorce experience itself have changed and become something of a healing process. Yes, the marriage is over, but the split does not have to be emotionally scarring. Many couples that choose divorce are opting to go with the “friendly” divorce option, known as divorce mediation.

What Is Divorce Mediation?

Divorce mediation is a divorce option where, instead of going in front of a judge to have them iron out the details of your divorce, you and your spouse, together with your mediator, sit down in a room together and decide what works best for you and your situation.

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Posted on in Mediation

California divorce lawyer, California family law attorneyDuring a divorce, it seems like the world collapses. Due to rampant negative feelings, each party becomes defensive and the “blame game” begins. If everyone remains too busy “protecting their assets” no one wins. Many couples must go before a judge to sort out the divorce details. The disadvantage with this methodology is that neither party has control over the outcome. A judge has a set of guidelines by which to adhere to divide your assets, your children, and in essence, your lives. An alternative solution that is increasing in popularity is divorce mediation.

Your’s Does Not Have to Be a Nightmare

Your divorce need not be the unpleasant experience many envision. The negative imagery remains fueled on by personal anecdotes from family members, friends, or co-workers. Remember that no two people are the same, therefore no marriage is the same, and by that measurement, no divorce is the same. Relationships are complicated and personal, and no one can accurately assess them but you and your spouse. Negotiation is possible if you would like to have a friendly divorce.

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