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,
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