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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

The Benefits of Pursuing Mediated Divorce 08-19-2016

The Benefits of Pursuing Mediated Divorce

Whether or not you were the one to decide to pursue a divorce doesn’t mean that the process needs to become even more difficult by taking it to court. Fortunately, there are options other than taking your case to court. One of the most common and popular alternatives divorcing couples use is mediated divorce. In a mediated divorce, you, your spouse, and each of your lawyers meet and negotiate wile a neutral third party mediates the discussion in order to resolve any issues, complications, and / or disagreements that may come up regarding your divorce.

This neutral third party, the mediator, cannot make any legally binding judgements, their purpose is to ensure that you and your spouse can come to an agreement while giving advice and guidance that will hopefully lead to a mutually beneficial outcome. Mediated divorce has a variety of benefits, including:

  • Lower Costs: Divorces that end up in court tend to be far more expensive than ones handled through mediation due to the fact that they often drag on for an extended period of time, and are further delayed with each contested issue, no matter how small. Mediated divorces tend to be much better at avoiding those types of issues because both parties enter into the negotiations with the intention to work together towards a common goal, which results in a much shorter process and lower attorney’s fees.
  • More Privacy: Taking your divorce to court means that the general public will have access to the records of the proceedings, allowing anyone to learn about any of the intimate details brought up during your case. However, by choosing a mediated divorce you and your spouse have the option to sign a confidentiality agreement that will prevent the details of your divorce proceeding from going public. These agreements are especially important if you want to minimize your children’s exposure to a variety of emotionally stressful aspects of the divorce process.
  • Higher Level of Control: Judges have the power to set a legally-binding judgement if your divorce proceedings take place in court, which can lead to an outcome that neither you nor your spouse are happy with. Conversely, the mediator doesn’t possess the same legally binding powers of a judge, so you and your spouse will be able to negotiate an outcome that everyone is at the very least somewhat content with.
  • Maintaining a Cordial Relationship: This is an especially valuable perk when children are involved in the divorce, because you will be required to maintain some level of a relationship with your ex-spouse after the divorce is completed. Court battles can quickly become contentious, and may cause you and your spouse to fight and leave the process on far worse terms than is beneficial for your children’s ongoing emotional development.

No matter whether you choose to pursue a mediated divorce or if you choose to take your case to court, it’s important to have strong legal representation to assist you in negotiating the best possible outcome. At James D. Madden & Aruna P. Rodrigo, Family Law Attorneys, our San Bernardino divorce lawyers know just how difficult and stressful this process can be, and are prepared to fight to ensure that you secure the outcome you need. Fill out the form on our website for a free case assessment, or call us at (909) 344-5704 to set up a meeting with one of our divorce attorneys.

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Categories: Divorce

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