When couples think about divorce, they tend to think of the divorces you see on TV—long, drawn-out, contentious battles that drain your financial and mental resources. But the fact is that most divorces do not have to play out this way. Even when a divorce involves two hurt people who are angry about how their marriage has ended, there’s usually some common ground that can be found. Mediation finds that middle ground and then builds on it to reach a fair divorce agreement. Working with a family mediation attorney in California throughout this process can help you negotiate while still protecting your best interest.
Why do Rancho Cucamonga couples choose attorney Taylor B. Warner? As a California Bar Certified Family Law Specialist, she has spent her career advocating for clients facing divorce, child custody disputes, and other family law concerns. Through her work in the community, Taylor B. Warner shows her commitment to the people of Rancho Cucamonga and her passion for bettering people’s lives. If you’re ready to discuss your options with our family mediation law firm, call us at 909-466-5575.
What is Divorce Mediation?
Divorce mediation is a voluntary process that involves a neutral third party—the mediator—and the couple seeking a divorce. Both spouses are often represented by their own family mediation attorney. During mediation, the mediator finds common ground between the parties, guides conversations, and strives to keep discussions productive. Mediators do not make deals or agreements; they create an environment where couples can overcome their differences to come to agreements via negotiations. They are legally obligated to conduct mediation in a procedurally fair manner.
Benefits of Mediation
Mediation has become an increasingly popular option for couples over the years, offering these benefits:
- Cost savings: Mediating a divorce is generally considerably less expensive than litigating it in court. It generally allows couples to avoid multiple court appearances and the attorney’s fees that come with each of those appearances.
- Privacy: Agreements reached during mediation are private and confidential. In comparison, courtroom proceedings become public record.
- Control: Rather than leaving major decisions up to a judge, couples can maintain control over their divorce agreement with mediation.
- Less conflict: Litigation is inherently contentious, pinning both parties against each other. While mediation can involve arguments and disagreements, the involved parties are ultimately working toward an agreement that benefits both of them.
- Time-saving: A conventional divorce can be a significant time sink, requiring multiple rounds of negotiations and multiple court hearings. If mediation goes smoothly, a divorce agreement can be negotiated in a handful of sessions.
When Mediation May Be a Good Option
While mediation does have many benefits, you have to have the right type of relationship with your ex-partner for it to work. Mediation tends to work best when both spouses are open to communication, compromise, and tough conversations. If both spouses want to avoid a drawn-out court battle and arrange an agreement that benefits their children, mediation may be successful.
Mediation is also a great option when both parties are relatively reasonable about their finances, shared assets, and custody options. Finally, both parties must be willing to make reasonable trade-offs to come to a fair agreement. Your family mediation lawyer can explain whether or not it’s likely to work in your case, based on what they know about your case.
When Mediation Might Not Work
No matter how beneficial mediation is for many couples, there are cases where it just isn’t a viable option. These situations include:
- History of abuse: If there’s a history of abuse against one spouse, the abusive spouse is likely to use mediation as another way to manipulate their victim.
- Power imbalance: Where there is a massive power imbalance—one spouse with significant assets and income with a spouse who has neither, or a spouse with important social standing—mediation may fail. The party with power has minimal motivation to negotiate.
- One partner not interested in participating: When one spouse is determined to have their day in court, it does not matter how much mediation can benefit them; they may refuse.
- High-conflict: If the divorce is so high-conflict that no productive conversation is possible, mediation is unlikely to change that.
If you think mediation could be the right choice for your divorce, connecting with a family mediation law firm can help you be in the best position possible for a favorable agreement.
Take Your Next Step With the Law Office of Taylor B. Warner
Ready to discuss your options with a family mediation lawyer? Let’s talk. Give our office a call at 909-466-5575 or reach out online to set up a consultation.
