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Mediation and Litigation

Mandatory versus Private Divorce Mediation

Posted on in Mediation

California mediation attorney, California divorce lawyerDivorce mediation is an opportunity for you and your spouse to meet with a neutral third-party to assist in reaching an agreement with an issue regarding divorce arrangements. Mediation is an excellent opportunity as a divorce alternative with many unique benefits not available through traditional divorce litigation. However, in the complexity of the divorce environment, there are different methodologies to complete the same outcome (a divorce). Divorce mediation can originate through court mandated orders or through privately seeking legal counsel.

Private Mediation

Did you know that it is possible to divorce amicably? Rather than opting to go to court, which has the proclivity to become more like a battle ring, many couples now choose to seek other forms of divorce. One such option is divorce mediation. If requested on your fruition, this option avoids ever stepping foot into a courtroom, where, not only do you do not have any input on the outcome of the proceeding but the findings are available for everyone to search. Other benefits of privately seeking a mediator include:

  • Cost and time efficient,
  • Maintenance of control,
  • Personalized attention,
  • Faster decision,
  • Privacy,
  • Flexibility,
  • Protection of the children,
  • More amicable and less scarring,
  • Ability to tailor a unique resolution, and
  • Greater stability post-divorce.

Mandated Mediation

Either by necessity or by lack of knowledge of the availability of other options, many couples choose to go through the court system immediately to file for divorce. However, especially in cases involving children, California courts are notorious for mandating mediation before appearing in front of the judge. The state takes the arrangements made for children seriously and wants to enable parents to reach a viable solution. The idea is fantastic in theory. However, there are a few pitfalls of going to mediation on court orders. Mandatory mediation is not the same environment as private mediation. Mediation through this method is under high amounts of stress, and it has a time limit. Therefore, many intricate but important details are often overlooked, requiring post-judgement modification down the road.

Your Situation Is Unique

The family dynamic fluctuates between each household. No other family is just like your’s. A solution that works great for someone else may cause strife in your life. Therefore, it is important to explore all of the options at hand. The decisions you make during your divorce affect not only the rest of your life but the lives of your children. If you are interested in discussing various separation methods to find one that works best for your family, consider mediating with a knowledgeable and proven attorney. If you are in search of a seasoned San Jose, CA divorce lawyer, contact the Law Offices of Benita Ventresca today by calling 408-395-8822 to set-up your free consultation.

 

Source:

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

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