What is the case for mediation in a San Diego divorce? What do you need to know about divorce if you are considering the end of a marriage or are about to file?
Let’s begin with the second question first. The case for mediation in a San Diego divorce begins with a few of the facts regarding the vast majority of divorce cases.
Fact 1 – the cost of your divorce and the time it will take to complete the process are directly related to the amount of disagreement and dispute between the parties. Every item in the separation agreement must be resolved before a divorce can be granted. The ability of the parties to reach agreement through negotiation or mediation will reduce the cost of the divorce as well as the time it usually takes to complete the process.
Fact 2 – Divorce is a public record. This means all of the information, finances, embarrassing or unsavory evidence and documents associated with your divorce will become part of the public record which anyone can view in the future including family members, nosey neighbors and even your children at some point down the road.
While it is possible to request that your divorce records be “sealed” it is important to know that transparency is a core value and component of justice. The Judge in your case will probably not agree to seal information just because it is embarrassing or reveals some information you believe to be “private.” Requests to seal information in a divorce must clearly establish the legal harm resulting from leaving information in the public realm outweighs the importance of transparency in the public record.
There are times and matters of principle which require placing an issue before the Judge. But what is the case for mediation in a San Diego divorce?
Mediation is a private, confidential and generally cost-effective strategy for resolving disputes in your divorce. Mediation can be an effective venue for resolving disagreements including, but not limited to:
- Child Custody and Parenting Time
- Child Support and Spousal Support
- Division of Community Property including Retirement Accounts, Investments and the Family Home
- Division of a Professional Practice or Business Interest
- Disposition of the Family Pet(s)
The process of a mediation is quite flexible and creative. The parties, guided by a neutral third party (mediator), work through each issue to resolve part or all of the disagreement. Anything the parties are able to resolve in mediation reduces the amount of time, cost and risk associated with resolution before the Court.
Each party and their counsel are able to proffer ideas and suggestions to resolve issues of disagreement. Our Certified Family Law Specialists provide sound advice during mediation, protect our clients from any attempts at bullying by strong personalities while providing insight based upon decades of experience in similar situations.
Finally, many substantial studies have shown parties are more likely to abide by agreements reached in mediation once the divorce is finalized. In effect, they have “skin in the game.” This reduces the likelihood of expensive and time-consuming post decree litigation.
The case for mediation in a San Diego divorce is rooted in cost savings, privacy, reduced emotional burden and greater influence and control over the outcomes in your divorce.
Learn more while protecting your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.