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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

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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California family law attorney, California mediation lawyerMany children grow up envisioning their wedding day, dressed up as a prince or princess and marrying the person of their dreams. With today’s family dynamics coupled with a high divorce rate, this dream shatters, and many are left in an alternate situation. Perhaps they find their soulmate, the person with whom they are intended to travel through life. However, a growing number of couples choose to cohabitate rather than legally tie the knot. A common reasoning for choosing to remain legally separate is that “there is no need if what we have is good; marriage is just a piece of paper.” However, that “piece of paper” can make life easier down the road and provide protection because eventually, all good love stories come to an end, be it through natural death or separation. If your ending to a long-term relationship is a breakup, what are your options for property division or child custody? One great solution is divorce mediation.

A House Divided

Those who choose to cohabitate in California are not under any protection from a common law marriage that couples in other states enjoy. California has no such laws; if you never made it legal, the union never existed. With that said, no one enters into a committed long-term relationship knowing or even hoping that it will fail. If we all were able to see into the future, perhaps we would choose the marriage option to make a separation easier to navigate under the divorce laws of the state. Since divorce litigation is not an option, there are alternatives to assist splitting couples who were never married. One such example is mediation. This solution supports those who wish to guide their post-relationship agreement without the inclusion of a judge. Together, with the assistance of a mediator, you and your now ex can work out a legal agreement for all of the pieces of your lives together. Benefits of mediation include:

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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