Divorce and similar family law matters can be extremely difficult. These cases tend to be highly emotional. This makes it hard to think clearly and come up with a solution not clouded by anger, resentment, and other strong emotions.
Because of this, there is often immense conflict between the parties involved. They may struggle to compromise and come up with a mutually beneficial solution. They may think their only solution is to take the case to court.
Letting a judge decide your case can be a lengthy and expensive process. Plus, you rarely get an outcome that benefits everyone involved. You and your spouse know each other and your family best, so it’s best that you come up with a solution on your own. This may seem impossible given your circumstances, but mediation makes fair dispute resolution more of a possibility.
Mediation is a collaborative process that allows the parties involved to control the outcome. The process is nonadversarial, unlike the traditional divorce process. The process is mediated by a neutral third-party who guides the spouses through the process and helps them come to agreements on contentious matters.
Why Choose Mediation?
Interested in meditation? Here’s how it can help you:
- Cost-effective. Mediation is generally less expensive than a court trial or a series of court hearings because it typically involves reduced court costs.
- Time-efficient. Mediation can be scheduled sooner and resolved quicker than waiting for court dates, which can be delayed due to court backlogs.
- Control and flexibility. The parties have more control over the outcomes since they work together to reach a solution rather than having a judge decide for them. Agreements can be tailored to the specific needs and circumstances of the family.
- Reduced conflict. Mediation encourages cooperation and communication, which can help maintain a more amicable relationship post-divorce.
- Confidentiality. Mediation is a confidential process, unlike court proceedings, which are public.
Possible Disadvantages
Mediation is not the best course of action in all situations. Here are some disadvantages you should know about:
- Not always suitable. Mediation may not be appropriate or safe if there is a significant power imbalance or history of abuse in the relationship. Also, mediation requires both parties to negotiate and compromise. Mediation can fail if one party is uncooperative.
- Potential for inequity. It’s possible for one spouse to dominate the process, among the process unfair. Also, mediators do not provide legal advice, so one party might agree to terms that are not in their best interest.
- Non-binding agreement. Even if the parties come to an agreement, following through is not legally required. Both parties have to voluntarily comply in order for the process to work.
Contact Us Today
Not all divorce cases have to go to trial. Whether you and your spouse are arguing over property division, alimony, child custody, or other family law issues, mediation can be a helpful tool.
The Law Offices of Oliver Gutierrez can assist you with your family law matters in California. We have the education, experience, and reputation that will give you the advantage you need at the negotiating table. Need a Spanish-speaking family law attorney? Se habla español. Schedule a consultation with our office today by calling (650) 590-7675 or filling out the online form.