Have You Considered Divorce Mediation?

It’s nearly impossible to find two marriages that are identical and the same can be said of divorces. That’s why it is so important for couples considering divorce to start by researching their options: a collaborative divorce, a litigated divorce or mediation. Most are aware of the ideal represented by collaborative divorce. The trick is making it happen during a time when agreeing on important matters is more difficult than ever before. The inability to successfully manage a collaborative divorce ends with many couples in litigation. Yet there is another option that too many couples do not seriously consider: divorce mediation.

Divorce mediation occurs when a divorcing couple works with a neutral “mediator” in order to come to an agreement on all aspects of the divorce. In the ideal situation, the mediator should be an experienced family law attorney, but first and foremost the mediator must be neutral. They should not be an advocate for either party involved. It is also recommended that both parties consult with their own attorneys during the mediation and prior to signing the final divorce settlement agreement.

Before skipping the option to handle a divorce through mediation, consider the benefits that it offers:

• Mediation can result in a better long-term relationship by avoiding court room battles.
• Mediated divorce can be easier on any children involved since mediation typically leads to more peaceful proceedings.
• For many, mediation is the fastest route to an agreement between parties.
• In most cases, mediation reduces expenses associated with divorce.
• Mediation keeps the control in the hands of the divorcing parties rather than the court.
• Allows for discretion during the divorce process. A litigated divorce is public.

While mediation offers a number of advantages, it is not always the best answer. If you are attempting to determine if mediation is a likely solution for your divorce first sit and honestly answer the following questions. Do you think it’s possible your spouse may be hiding assets/income? Do you think your spouse is abnormally domineering/do you have trouble speaking up and voicing your opinions? Is there a history of domestic violence in the relationship? Do either you or your spouse have drug or alcohol addictions? If the answer to any of these questions is yes, a mediated divorce may not be successful.

Weigh your divorce options carefully. Every divorce is different because every couple and every family is different. If you are able to work together with your spouse to make decisions and both of you can be honest and reasonable, mediation can offer many benefits, but if you have doubts, there are other options. For help figuring out the options best suited to your specific circumstances, please get in touch with one of the experienced family law attorneys at The Maggio Law Firm today.

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.