When Should You Opt for Mediation Over Divorce Litigation?

It is never easy to go through a divorce. This it true even when you are splitting from your spouse in the most amicable manner. Moreover, it can be emotionally taxing while coping with the logistics. The stress is further compounded by expensive and lengthy court proceedings. A desire for getting out of these stressful formalities that are associated with a traditional divorce process is resulting in an increasing number of couples going for an alternative form of dispute resolution: divorce mediation.

When should you consider mediation as your choice?

Divorce mediation is regarded as appropriate in those situations when both the parties are ready for negotiation and do not have qualms about compromising with each other. While it is true that all the differences and disagreements will be there to resolve while the mediation process is going on, there are many couples who are really okay to sort out such differences by interacting with each other. These couples will derive the maximum out of a mediation process.

Now, there will always be cases where the only option is to go for a litigation. It is a logical process to go through a trial when one of the parties is not ready to budge from their unreasonable demands, hostile to the other party or is not ready to negotiate. Such issues are common in scenarios like abandonment, abuse or adultery. Mediation is not likely to succeed in these cases and it is necessary for the court to intervene.

How does divorce mediation function?

The process of mediation is a way to resolve a dispute where there is no intervention from the courts. It is a scenario when a couple is okay to communicate directly and discuss all the crucial issues that surround their impending marriage dissolution. This hammering takes place during a mediator’s presence. The issues may range from spousal support, agreeing on matters regarding their children, resolution of visitation and custody issues to retirement and division of the properties.

When an impartial mediator or a third party is present, the couples are not negotiating details on their own. A mediator’s role is to facilitate communication and chair over such discussions between the two parties. He or she attempts to offer neutral and unbiased guidance to both the spouses and eventually guide them to draft a divorce agreement acceptable to both of them. The expenses related to the mediation procedure is ideally split between both the spouses.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.