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

Frequently Asked Questions about Divorce Mediation

Posted on in Mediation

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.

Is This the Same as Court-Ordered Mediation?

Court-ordered divorce mediation is different in that one, it is ordered by the court, and therefore everything that occurs is a matter of court knowledge, whereas private divorce mediation is confidential. Secondly, court-ordered mediation only covers a small portion of topics that need discussion further than what the courtroom has time for, which is mostly matters involving children. In private divorce mediation, everything from the children to the finances and in between is discussed and sorted out. If the discussions break down, then you still have the option to take the unresolved issues in front of a judge.

Why Should We Choose Divorce Mediation?

There are several benefits to opting for this method. The number one draw for many couples is the ability to retain the decision-making power. It seems unnatural to have a judge who knows nothing about your life, make all of the decisions without any input for you and your family. The second biggest draw is the impact that it has on the children. Mediation sets a positive example of how two adults can work through their issues together to find a resolution. Other benefits include:

  • Financial efficiency and saving money,
  • Saves time,
  • Ability to create your solution,
  • Confidentiality, and
  • Long term success rate.

Should I Use a Mediator or a Divorce Mediation Attorney?

No matter how you do it, divorce involves complex legal questions. It is possible to do a thorough internet search to get a basic understanding of divorce law, all too often couples find themselves in a preventable unfortunate situation. Having an attorney on your side to give you up-to-date information and guide you through the process relieves stress and helps to make the transition as smooth as possible for everyone involved. If you would like to discuss your divorce options with a San Jose, CA divorce mediation attorney, the Law Offices of Benita Ventresca are available to help. We proudly offer a free consultation to those who call us today at 408-395-8822.

 

Sources:

http://www.courts.ca.gov/1032.htm

http://www.courts.ca.gov/1226.htm

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