Is Mediation Right for Your Divorce Case?
Divorce is often seen as a bitter and drawn-out courtroom battle, especially if your main experience with it comes from courtroom dramas. But the fact is that it doesn’t have to be that way. Through mediation and collaborative divorce options, you can explore a calmer and more peaceful end to your marriage with the assistance of a divorce mediation attorney in California.
At Milligan Beswick Levine & Knox, LLP, we are committed to helping clients navigate the divorce process—whether it’s contentious and difficult, peaceful and collaborative, or somewhere in the middle. Several of our experienced attorneys, including attorney James Knox, devote much of their work to family law. Schedule a consultation with our divorce mediation law firm now by calling us at 909-894-0812.
Benefits of Mediation
In mediation, both sides work with a neutral third party to work through the issues surrounding their divorce and work towards solutions that both spouses can agree to. Both parties are typically represented by divorce mediation lawyers who can advocate for them and make suggestions. Some of the key benefits of mediation include:
- Less conflict: When you’re both working towards the same goal, rather than going head-to-head in a courtroom, you can minimize conflict and stress.
- Affordability: When mediation is successful, it is usually much less costly than a drawn-out divorce trial. Note, though, that if mediation fails, both parties will need to hire new representation and take on court costs regardless.
- Speed: Couples that mediate their divorce often reach solutions and finalize their divorces much sooner than couples who go to trial.
- Privacy: Agreements reached during mediation are not public record, while court proceedings are available to the public.
- Flexibility: Divorcing couples willing to work together can create arrangements that work for their family and their children. They aren’t limited by the agreements drawn up by a judge who does not know their family or circumstances.
- Long-term communication: If a divorcing couple will need to co-parent together for years to come, it makes sense to lay the groundwork for a successful and peaceful co-parenting relationship. Mediation does just that by encouraging mutually beneficial arrangements and avoiding the attacks that often come with litigation.
When to Consider Mediation
While mediation can be extremely beneficial, there are situations in which a divorce mediation lawyer expects the process to be more successful than others.
If both spouses want to avoid court and keep the situation peaceful, they have a vested interest in succeeding in mediation. This process also tends to work better when there is a baseline of respect, compared to couples who are willing to fight dirty the moment a fight starts. When both parties are willing to share financial information or aren’t worried about the other spouse trying to cheat them, this process tends to work better. Mediation also works well when couples have shared goals they are working towards, such as lowering their legal fees or protecting their children.
When a divorce is uncontested or low-conflict, mediation may be recommended. However, even if a couple fights or struggles to agree, mediation may work if they are willing to compromise and lean on the neutral third party to guide the harder parts of the sessions.
When Mediation May Not Be Recommended
As any divorce mediation attorney will tell you, there are also cases in which mediation is not only not recommended, but actually harmful. If your divorce involves domestic violence or any form of abuse—financial, emotional, physical, or otherwise—mediation essentially just gives your spouse another way to manipulate and harm you. It’s not uncommon for the abusive spouse to agree to mediation in bad faith and quit partway through specifically to stress out their ex and cost them more money. Additionally, research indicates that abuse isn’t weighed heavily enough in mediated divorce cases.
If there are disputed or hidden finances, mediation is generally not recommended. Mediation requires honesty as a baseline, and starting off with dishonesty puts the other person at a severe disadvantage.
Divorces involving severe conflict or manipulation also may not fare well with mediation. Again, the party at risk of manipulation often loses out and gives the other party another stage on which to hurt them.
Discuss Your Options With Our Divorce Mediation Law Firm
Wondering if mediation is right for you? Our team of experienced lawyers is here to help you take the best next step for you. Call us at 909-894-0812 or contact us online to get started.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.