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What is Mediation in a Carlsbad Divorce and How Does it Work?

On Behalf of | Sep 11, 2020 | Mediation

What is mediation in a Carlsbad divorce and how does it work?  Mediation is a structured process for resolving areas of disagreement in a safe, productive and private environment.

The parties review options and agree upon a mediator for their case.  The mediator should have extensive experience in California family law and the local rules our Family Courts.  The mediator should always be prepared to speak to how California law views the subject at hand and provide multiple alternatives for how to resolve areas of disagreement and reach an accord.  The goal of mediation is to complete the separation agreement and resolve every issue associated with your divorce.

Mediation is a private, confidential medium.  The old saying “what happens in mediation stays in mediation” applies.  In order to know the answer to the questions “what is mediation in a Carlsbad divorce and how does it work?” you must understand the nature of this venue.  Any information, negotiations, partial accords or statements made in mediation will not appear in the public record.  Anything which happens within the context of mediation cannot be used as evidence outside of mediation.  This allows the parties to more freely exchange information, positions, thoughts, ideas, alternatives and potential solutions in a more productive environment.

A skilled mediator will work with each party to understand their position on the issue at hand and to help them to understand the other’s present point of view as well as appropriate family law.  The mediator will look for areas of give and take as well as common ground in order to help the parties to resolve disputes and reach agreement.  Common issues in mediation include, but are not limited to:

It is important to note: Multiple studies have established that agreements where the parties themselves participate actively in the process, such as mediation, have a much higher chance of standing the test of time.  People are more likely to abide by an agreement they took part in.  They have “skin in the game.”

If you are not able to resolve areas of disagreement the Judge in your case will impose a decision.  There is very rarely a “win” or “lose” in Family Court.  Both parties often feel they have lost more than they’ve won.  This the exactly what the Judge is looking for, as it implies the decision rendered was fair.

Agreements reached in mediation have a much lower risk of time consuming and expensive post decree litigation in the future.

What is mediation in a Carlsbad divorce and how does it work?  Mediation is a proven, timely and cost-effective vehicle for resolving part or all of any dispute in a divorce.  It is a private, confidential process which keeps your private business out of the public record.  It works because the parties themselves contribute to the process and often learn skills which help them to work together to co-parent after the divorce.

Learn more about divorce mediation and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.