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Is Divorce Mediation an Option for You?

On Behalf of | Jun 10, 2021 | Divorce

Is divorce mediation an option for you and your unique circumstances?  When should you consider mediation in a San Diego divorce?

Your divorce will come down to the ability for you and your former spouse to resolve every issue where there is presently disagreement.  Your divorce cannot be completed until every issue associated with the Separation Agreement is completely resolved.  If the two of you are not able to resolve an issue, the Judge in your case must decide.

It is important to realize the Judge is a complete stranger and an independent arbiter.  The vast majority of decisions handed down in Family Court are not “win” or “lose” for the parties.  In fact, the Judge is looking for each party to give a little and receive a little.  In the end, both parties usually feel like they’ve been punched in the stomach by the Judge’s decision and that reaction actually tells the bench they’ve found the right middle ground on the issue.  A decision is imposed upon you and your former spouse.  Multiple studies have shown imposed decisions are much more likely to result in post-decree litigation.

So what is the alternative? What makes divorce mediation an option for you?  The first answer to that question is privacy, confidentiality and the ability to keep your private financial information and affairs out of the public record.  The second answer is “control and influence.”  Mediation is a safe, productive environment where the mediator works to help the parties to find common ground.  Each party can put forward ideas, suggestions, modifications, alternatives and the parties are guided toward resolution by an experienced neutral who is an expert in the area of family law.

As a result, each party has skin in the game.  You have the ability to influence the outcome and tailor every resolution to meet the unique rhythms of your situation.  In most cases the parties are much happier with the resolution(s) they reach in mediation and are much more likely to abide by those agreements after the divorce.

The third reason which makes divorce mediation and option for you to consider is “time and money.”  Mediation is often much less expensive than arguing a matter before the Judge and often takes a matter of days instead of weeks and months.

There are issues which are important as a matter of principle, or cases involving violent, abusive or controlling behavior or addiction which require taking the issue before a Judge.  The Certified Family Law Specialists at Burke & Domercq provide sound, proven advice and counsel to guide you through these decisions.  We work with our clients in negotiations and mediation.  When necessary, our skilled trial attorneys are always prepared to protect our client’s interests and take the matter to Court.

Most of our clients want to achieve a fair outcome which protects the things which are most important in their own lives.  Divorce mediation can not only help to resolve areas of disagreement in a timely and cost-effective manner, it can also make the experience of divorce less contentious and emotionally draining.

We invite you to review the strong recommendations of our clients and the legal industry and contact the experienced Certified Family Law Specialists at Burke & Domercq or call 760-389-3927 to learn more and schedule an appointment.