A California resident who is contemplating a divorce may want to pursue mediation, but the other spouse might be reluctant. There are a number of ways one spouse might persuade the other to give mediation a try. Mediation can be faster, cheaper and more private than litigation, but this alone may not be convincing.
It might help to approach the issue in a way that makes the other spouse most comfortable. This means beginning by initiating contact in the spouse's preferred manner whether that is by email, text messaging or phone. An individual might suggest contacting several mediators for initial consultations. Each spouse could choose one, and then a third could be chosen jointly.
Despite these efforts, the other spouse may still be uncomfortable with mediation. They still may feel that going through litigation is the best way to get a fair settlement. The person who is interested in mediation should keep in mind that a mediator can be brought in at any stage in the process. That means that once the other spouse gets an idea of how time-consuming and frustrating the process of litigation may be, they might look more favorably on trying mediation.
During a divorce, estranged spouses must decide not only how to split assets but whether one will be paid support and how to divide up child custody. In some cases, mediation can also be a better solution than litigation if there are children because it may ultimately create less friction between parents. Whatever option people choose, eachmay want to consult an attorney. In some cases, mediation is simply not possible because one spouse will not cooperate or the two spouses cannot compromise. An attorney can be helpful during mediation or litigation and can help to protect a client's rights during a stressful time.