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Mediation and Litigation

Is My Case Suitable for Divorce Mediation?

Posted on in Mediation

California mediation attorney, California divorce lawyerDivorcing a spouse, no matter the length of the marriage or the circumstances surrounding the split is rarely easy. With divorce rates reaching nearly half of all marriages, millions of Americans each year search for a better, less traumatizing method to end their union. A growing portion of the population chooses to utilize a divorce mediation process. Although mediation offers many benefits that litigation does not, it simply is not a viable or beneficial option for all cases.

The Benefits of Choosing Mediation

The mere thought of going to trial to have every personal aspect of a private life ripped apart and picked through by a judge creates such anxiety for many seeking a divorce that some avoid the situation by staying in an undesirable marriage. For these, there are several alternative divorce resolutions (ADR) available, one of which is divorce mediation. The assets available with this option are:

  • You determine the outcome,
  • Your children witness a positive example to dispute resolution,
  • Your experience is less traumatic,
  • You save money,
  • You maintain your confidentiality,
  • You save time,
  • You preserve a relationship,
  • You have options a judge does not,
  • You set the schedule,
  • You make decisions about situations a court cannot.

Situations That May Not Be Suitable for Mediation

Mediation is not appropriate for all relationships just as litigation is not right for each case. You must find the method that is most appropriate for your situation, a feat that is made easier with the assistance of a divorce attorney. A few uncommon scenarios fall under the “not suitable” category, such as:

  • One party is determined to set a precedent for this and all future disputes,
  • An individual is not willing to attend mediation or is in hiding and is unreachable,
  • Someone is unwilling to compromise or makes harmful suggestions, or
  • Safety of either party is at risk.

The agreement reached between two divorcing individuals will be final if you are successful in mediation. You can make modifications later down the road if situations change, but the necessity for appeals from a dissatisfied party is limited. Alternately, if mediation is unsuccessful as a whole, a few contentious areas are narrowed. If you are interested in discussing your divorce options with a skilled Los Gatos, CA divorce mediation attorney, contact the Law Offices of Benita Ventresca today by calling 408-395-8822 to set up your complimentary initial consultation. We have 35 years of experience of offering outstanding guidance to clients in similar situations and look forward to helping you attain a better future for you and your family.

 

Sources:

https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_011813

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