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Los Gatos divorce mediation attorney

Every year, thousands of American couples make the challenging decision to pursue a divorce. While most couples view divorce as a complicated process that will likely have to be resolved in court, other methods of resolving divorce-related conflicts are continually growing in popularity. Divorce mediation is an alternative dispute resolution strategy in which the two parties work together with a professional mediator to reach a divorce settlement. Mediation can be used to address issues such as child custody, property division, and spousal support payments. While mediation can be the most optimal strategy for resolving the outstanding issues in your divorce, mistakes can be made during the mediation process. Here are a few ways you can ensure that your mediation goes as smoothly as possible:

  • Find the Right Mediator: Mediation can be a fantastic alternative to litigation in court, allowing a couple to resolve conflicts while a professional mediator facilitates the discussions and guides the parties toward a mutually agreeable compromise. In order for this process to work as well as possible, you and your spouse need to find the right mediator for you. Basic qualities you should look for in a mediator include experience and knowledge of your state’s divorce laws. On a personal level, you want to find a mediator that will be compassionate and understanding of both parties’ perspectives. 

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Los Gatos, CA divorce mediation attorneyThere are many details to work out during a divorce. Unfortunately, some couples end up in a cycle of litigation in which no one really wins. Arguments about custody, property, child support, alimony, etc. can result in both parties running up major attorney’s fees and court costs. Rather than fighting out every little thing through the legal process, some couples may be able to save a lot of money and stress in the long run by opting for mediation.

Avoid Wasting Time and Money on Litigation

When you and your partner decide to call it quits, dividing marital property and agreeing on what is best for your children can sometimes be complicated. Even if both parties mean well, which is not always the case, the divorce can end up dragging on and on, causing unnecessary stress and huge expenses.

If you and your soon-to-be-ex cannot reach an agreement on some things, it may be time to hire a mediator. A mediator can take on one issue at a time and help the two of you work out decisions that are fair to both of you. This can greatly reduce the time and money needed to complete your divorce, since going through the courts to resolve every little disagreement can take years and cost thousands of dollars.

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Los Gatos CA divorce mediation lawyer child custodyIn the heat of the divorce proceedings, sometimes one parent is willing to do just about anything to hurt the other parent. In other cases, one parent may have legitimate concerns about their child’s health and safety when they are in the care of the other parent, and they may be willing to fight for months or years to protect their child. When there is a custody disagreement, mediation can ease the financial and emotional burden on all parties involved by allowing parents to take a more personal approach to resolving their disputes while saving time and money by not dragging matters out in the courtroom.

What Is the Purpose of a Mediator?

Divorce mediation is designed to bring parents together and help them settle on a parenting plan that will work for their individual situation. A mediator assists in facilitating agreements and provides the necessary information to both sides to help them come to an agreement. An attorney experienced in mediation knows the laws but also understands the human, emotional part of parenting during and after a divorce. It can be difficult to see past one’s own anger and fears during a divorce, and as a neutral third party, a mediator can advocate for the child or children involved, working to overcome the parents’ emotional disputes. 

Litigation in court is clinical and impersonal, and it can become drawn out and expensive when resolving custody and visitation matters. Mediation allows parents to work together to reach an agreement that they can both be satisfied with. However, if mediation lasts a long time, and either or both parents still refuse to come to terms, a mediator can provide an assessment and recommendations to the court. This often helps the judge to make a more informed decision that is in the children’s best interests.

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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.

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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.

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