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Mediation and Litigation

Addressing Common Misconceptions About Divorce Mediation

Posted on in Mediation

CA family lawyerThe end of a marriage can be a difficult, stressful time, and resolving the legal issues that must be addressed during divorce can be a complicated undertaking. In many cases, couples choose to use mediation to reach an agreement on these issues, allowing them to avoid the financial and emotional costs of fighting their battles in court. However, the mediation process is often misunderstood, and people are not always aware of the pros and cons of divorce mediation. Here are some common myths about mediation:

  • A mediator will decide in one spouse’s favor - During mediation, couples will work together with the mediator, who serves as a neutral third party, helping them reach an agreement. The mediator cannot make any decisions; instead, they will help spouses understand the legal issues that must be addressed and work to reach mutually agreeable compromises.
  • Couples cannot consult with their attorney or other experts during mediation - During mediation, each spouse can speak to their own attorney, who can help them understand their rights and provide legal advice about the decisions they make. Spouses can also work together or separately with outside experts such as accountants or appraisers to ensure that they fully understand issues related to their finances and the property they own.
  • All outstanding issues must be resolved during mediation - Spouses may be able to address and agree on many of the issues involved in their divorce, such as the division of property, child custody, or spousal support, but there may be situations in which an agreement cannot be reached in some issues. In these cases, spouses can incorporate the decisions they have made into their divorce settlement while asking the court to make a decision on any outstanding issues.
  • Mediation is always preferable to litigation - While mediation can be beneficial for many couples, it will usually only be helpful if spouses are willing to work together and compromise with each other. If one or both spouses refuse to budge on certain issues, they may derail the mediation process, reducing or eliminating the benefits that mediation can provide.

Contact a Los Gatos Divorce Mediation Attorney

If you are considering divorce, the Law Offices of Benita Ventresca can help you understand whether mediation is the best solution for you, and we can work with you and your spouse to address your legal issues and reach a mutually beneficial agreement. If you are unable to resolve your divorce issues through mediation, we can provide you with dedicated representation throughout the divorce process, ensuring that your rights and best interests are protected. Contact a Los Gatos, CA divorce lawyer today at 408-395-8822 to schedule a free consultation.

 

Sources:

https://www.huffingtonpost.com/diane-l-danois-jd/mediation-myths-and-misunderstandings_b_3137489.html

https://www.marriage.com/advice/mediation-and-arbitration/divorce-mediation-myths/

 

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