Family law courts here in Carlsbad and throughout San Diego require the parties to go through mediation prior to appearing before the Judge or Magistrate. What is mediation? How does mediation help with a divorce and make the experience more dignified and cost effective?
Mediation is a process that is intended to remove some of the hostility and emotion from an issue, while creating an atmosphere where the parties are more likely to find common ground to resolve disagreements. In the context of a divorce, mediation is a timely and cost-effective option for most couples.
In order to complete your divorce, you and your former spouse must be in complete agreement upon every issue contained within the separation agreement. If you do not agree upon everything, you have four basic options (in order of expense and time):
1. Work through it yourselves
2. Negotiations led by the experienced Carlsbad divorce attorneys at Burke & Domercq
4. Litigation before a Judge or Magistrate in open court. This is the most time consuming and expensive option. It is also important to note that the vast majority of parties that appear before the court are not pleased with the outcome. A total stranger to you and your family must decide the issue(s) at hand. There is no “win” or “lose.” The judge wants both parties to feel like they got a little and gave a little.
The best solutions are usually crafted by the parties themselves. Sometimes its helpful to have a neutral and experienced third party to guide the conversation and provide insight into the law and what has worked for others.
How does mediation help with a divorce and what can we do to help? Daniel Burke has decades of experience and expertise in Carlsbad family law courts. He is a Certified Mediator as well as a Certified Specialist in California Family Law. Dan is available to guide you and your former spouse through those thorny issues that are holding you back. Mediation is designed not only to resolve the challenges on the table, but to help the parties to learn to work cooperatively together.
The skills and experiences gained from mediation not only help to complete your divorce as quickly and cost-efficiently as possible, they provide peace of mind, a better experience through the divorce and set you up for a smoother working relationship after the divorce is completed. This is especially important if you have kids and will share parenting responsibilities.
In a mediation, you are not bound or forced to accept the recommendations of the mediator. The mediator listens to each party, helps the other party to understand genuine concerns and core issues and contributes suggestions and ideas based upon California family law and the successful strategies others have used to solve similar problems in the past.
The atmosphere is much calmer, and it naturally contributes to a cooperative working environment. People who work through mediation to develop solutions are much more likely to abide by them after the divorce is completed. The majority of those who go through mediation are much happier with the outcome than those who litigate their differences in court. In addition, mediation is often much faster and far less expensive than a court battle.
Want to learn more about the questions of “How does mediation help with a divorce?” and “is it right for our situation?” We invite you to contact us or call 760-434-3330 to schedule an appointment with Daniel Burke to discuss mediation.