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Mediation and Litigation
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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 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 mediation attorney, California divorce lawyerUnless you and your spouse experienced a brief marriage, have no children and no joint property, divorce litigation is not inexpensive. Even in an uncontested divorce, a couple must consider the cost of the filing fees as well as court costs. In an uncontested divorce where both parties approve the requests made in the divorce petition, court time may not be necessary, and the divorce should be official after six months. However, in instances where splitting spouses cannot agree upon the petition, the court gets involved which can increase the costs. Many seeking divorce search for a lower cost option leading a growing portion of the population choosing divorce mediation.

The Financial Truth of Divorce Litigation

In most scenarios of divorce litigation, there is the basic cost of each party with their attorney. In many more tangled matrimonial webs, there may be the additional costs of experts, such as those to determine who is best for providing for the children, appraisals, and business evaluators. The financial cost of going to court can easily reach into the five-digit range. The number increases exponentially if the two parties are unable to agree or emotions run high. Emotions left unchecked lead to an abundance of motion filings and, therefore, higher legal fees.

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California mediation attorney, California divorce lawyerDivorce does not need to be a long, drawn out, or traumatic experience. Most people have enough stress in their daily lives that the thought of divorce is overwhelming. The idea of standing up in public forum senselessly arguing every minute detail and dirty secret is not appealing for most couples. The apprehension forces many unhappy couples to stay together creating more damage to the family dynamic and emotional state. Another option is divorce mediation. Here, issues are civilly discussed behind closed doors, resulting in a long-lasting solution on which everyone can agree.

Who Is Best Suited?

There is no “one-size-fits-all” method to divorce. In some situations, the property lines and boundaries are so complicated that it takes an expert to sort out property distribution. In other cases, the parties have not spoken in years, and there is no unity to untangle. Circumstances are different under each roof, requiring various alternatives to divide a marriage or a domestic partnership. Divorce mediation works best for:

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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:

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