Mediation in a Carlsbad divorce keeps you in control of the outcomes, making sure that the result is something you can live with. What is mediation and why is this an important and underused tool in many Carlsbad divorces?
The key issue in any divorce is resolving any differences or disputes surrounding the separation agreement. Your divorce will not be completed until every item such as child custody, property division and support are fully and completely resolved.
The fastest and least expensive way to accomplish this is for the parties themselves to work things out. The next option is to work with experienced attorneys at Burke and Domercq who can provide the benefit of decades of experience and how other couples facing similar challenges successfully resolved them.
Mediation should be used when there are genuine and principled areas of disagreement. Daniel Burke is an experienced family law mediator who has served on the Superior Court Panel of mediators. Mr. Burke establishes a productive working atmosphere and provides tools to improve communications and problem solving skills for both parties. He then facilitates a conversation about the areas of disagreement, sharing insight on the law as well as alternative ideas for how the couple may resolve each aspect of their dispute.
The couple is not bound to the mediator’s suggestions, and fully participates in developing the solution that will ultimately become part of their divorce orders. Mediation in a Carlsbad divorce keeps you in control of the process and allows you to participate in the ultimate decision. History has shown us those who take part in mediated outcomes are much more likely to abide by them after the divorce, eliminating expensive post-divorce litigation.
Any dispute that cannot be resolved in mediation will be resolved by the Judge in your case. It is important to know it is very rare for a “win/lose” decision to be ordered by our Judges here in Carlsbad. Our Judges work to find a solution that will give both parties a bit of a “win” while ensuring that they’ve also had to “give” on other issues.
Our Judges want you to resolve things in mediation. In fact, you cannot appear before them to resolve a dispute until you have tried mediation. These Judges work hard to make sure both parties “win” a little, and “give” a little and a fair decision should feel more like a loss to both parties. As a result, most people walk away from a Judge’s decision feeling a bit disillusioned.
You have no control or influence over the outcome in front of a Judge. A complete stranger to you and your family will make decisions that you must live by for the rest of your life. This is the most expensive and time consuming way to complete a divorce.
If this sounds a bit heavy its because it genuinely is. You will have more peace of mind during and after your divorce if you are able to approach areas of disagreement less emotionally and more creatively. Mediation in a Carlsbad divorce keeps you in control of the process while increasing the accomplishment of your goals.