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Mediation and Litigation

Benefits of Mediation in Divorce

Posted on in Mediation

California divorce lawyerDivorce is rarely an easy decision, but when couples take steps to end their marriage, they are likely ready to leave a relationship that is not working and move on to the next stage of their lives. However, the process of divorce can be incredibly complex, and people are often unprepared for the costs involved in the legal process of dissolving their marriage. However, if couples are willing to work together to reach a resolution, they may be able to use mediation, which can allow them to complete the process more quickly, efficiently, and effectively. Divorce mediation provides the following benefits:

  1. Cost savings - Litigating a divorce in court can be incredibly costly. Each spouse will typically need to hire an attorney, and they will be required to pay for the time their lawyer spends preparing documents, communicating with the other spouse’s lawyer, discussing the case with them, and attending court. When using a mediator, however, the couple will typically split the fees for mediation sessions or any other services the mediator provides (such as preparing documents), and mediation can result in savings of 40-60% over the costs a divorce completed through litigation.

  2. Time savings - A litigated divorce can be a lengthy process, requiring multiple court dates that depend on the availability of the spouses, their attorneys, and the judge. In contrast, mediation allows a couple to resolve the outstanding issues in their divorce (including the division of property and decisions regarding child custody and visitation schedules) in a much faster and more efficient manner.

  3. Confidentiality - The issues raised during divorce can be sensitive, and couples will likely want to avoid “airing their dirty laundry” in a public courtroom. Anything discussed during divorce mediation is completely private and confidential and cannot be used as evidence in court. This process allows couples to complete the divorce process while maintaining their dignity and avoiding the stress of a divorce trial.

  4. Family benefits - While divorce is the end of a couple’s marriage, they will still likely continue to have a relationship with each other, especially if they have children. Mediation allows spouses to establish a foundation for working together as parents, encouraging them to cooperate and compromise while making their children’s best interests their top priority. By avoiding contentious battles, they can make things easier for the whole family and prepare to continue working as co-parents in the years to come.

Mediation can provide couples with some great benefits as they complete their divorce, but spouses need to be able to enter the process with a willingness to work with each other to reach a mutually agreeable resolution. However, if one or both spouses are unwilling to compromise, mediation will likely not be an effective way to resolve their disputes.

Contact a Los Gatos Divorce Mediator

If you are looking to reach an amicable resolution to your divorce, the Law Offices of Benita Ventresca can work with you and your spouse to address the legal issues that must be resolved in an efficient and cost-effective manner. If you want to know more about the benefits of divorce mediation, contact a Los Gatos, CA divorce mediation attorney at 408-395-8822 to schedule a free consultation.

 

Sources:

https://www.huffingtonpost.com/sherri-donovan-esq/celebrate-mediation-day-t_b_1968763.html

http://www.plannersearch.org/financial-planning/the-advantages-of-divorce-mediation

https://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/benefits_of_mediation_in_divorce_cases.html

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