While there are circumstances where couples have little choice but to have their divorce proceedings heard in open court, there may be other options. Going to court can prove to be expensive and stressful. Unfortunately, it does not always guarantee a solution that either party will be satisfied with. This in turn can lead to parties not abiding by the terms of the divorce that the court had decided upon.
Attorneys that mediate divorces as a part of their practice will emphasize that family-centered resolutions often come out of the process. It allows both parties to be at the table and, in some circumstances, provide them with a greater variety of options. Divorce mediations are not restricted to the resolution of less contentious issues. Division of property, child custody, visitation, child support, post-divorce modifications and alimony can also be addressed during a mediation session.
As California attorneys, we have seen a large number of matters involving a variety of individuals with differing financial resources and needs. A mediation session provides ample opportunity to education clients about their various options as well. A mediation can be relatively straight-forward. It can also be used to resolve relatively complex legal issues.
Mediation and the entire collaboration process were put in place to help divorces be resolved more smoothly. It can take into account the emotional and financial considerations of each spouse as well. And mediation can in many circumstances diminish the adversity that the two spouses may experience if the matter was instead tried in a court setting.
Source: Mississauga, "Mediate your way to a Better Divorce Settlement: Court Settlement does not Always Result in the Justice you Seek," May 1, 2014