We are often asked if our clients should consider a mediator in a Carlsbad divorce and if the agreements reached in mediation are binding upon the parties. When is it appropriate to consider a mediator in a Carlsbad divorce case?
The first and most important fact each party should understand about a Carlsbad divorce is this:
The cost of your divorce and the time required to complete the case are directly associated with the level of disagreement between you and your former spouse, and your ability to work through these issues to reach resolution.
A divorce in California cannot be completed until all issues associated with the divorce itself are fully resolved. This includes, but is not limited to:
- Division of assets and debts
- Child custody and parenting time
- Division of retirement accounts and/or pensions
- Division of the community interest in any business or professional practice
If the parties cannot resolve an issue, the Judge in your case (a total stranger) will decide the issue for you. This usually results in orders where neither party is truly satisfied and is proven to increase the likelihood of expensive and time consuming post-decree litigation.
It is also important to note that most of the information, testimony and evidence associated with this process are on the public record and may be accessed by prying eyes (including your children) at any point in the future.
These are the primary reasons to consider a mediator in a Carlsbad divorce. The mediator in your case is selected by the parties and should have a extensive legal and negotiation expertise as well as a proven track record of success in cases like yours. The mediator works with the parties and their legal counsel to establish a neutral, professional and productive environment where all issues in contention are identified and the positions of each party are clearly understood. The mediator then works to help each side to understand how the law is applied in their case, find common ground and ultimately to identify options and alternative ideas for resolving the issue and reaching agreement.
Another primary reason to consider a mediator in a Carlsbad divorce case is privacy. Mediation is a confidential and private environment which keeps your private emotional and financial information out of the public record. Multiple studies have shown that parties who reach agreement within divorce mediation are much more likely to abide by those agreements after the divorce is completed.
There are several reasons to consider a mediator in a Carlsbad divorce case. It increases the likelihood of an effective, private, timely and cost-effective resolution of contentious issues in your divorce and reduces the chances of post-decree litigation.