Should you consider mediation as part of your San Diego divorce? Mediation should always be a tool when approaching a divorce. This is especially true if you have children, if either or both parties own their own business or if the marriage involves substantial assets. Remember, retirement plans are usually at least partially if not entirely marital assets and the division of retirement assets is often one of the most financially substantive issues in a divorce.
What are some of issues which may require you to consider mediation as part of your San Diego divorce? Well, our Family Courts almost always order the parties into mediation prior to hearing an issue in open Court. The substantial backlog of cases after the pandemic combined with the sheer volume of cases means the Court must narrow the number of cases it allows to reach trial.
Two additional reasons to consider mediation as part of your San Diego divorce are time and money! Mediation can actually save you a lot of time and cost as you work through areas of disagreement and resolve as much as possible before going to Court. A recent study showed mediation saves the average couple 3 to 5 months of time to complete their divorce. Mediation is generally much less expensive than litigating a matter before the Court.
One of the primary reasons to consider mediation as part of your San Diego divorce is privacy. Mediation keeps all of your private business and personal information out of the public record. Also, what happens in mediation stays in mediation. Any conversations, offers, information and evidence provided in mediation remain private. Evidence does not move between mediation and the trial court.
Finally, a recent study shows the parties are much more likely to abide by agreements reached in mediation. In effect, the parties have participated in the process, have skin in the game and are much more likely to abide by the outcome. This substantially reduces the likelihood of expensive and time-consuming post-decree litigation.