Litigated divorces can take a long time to conclude, and divorce court battles can cost both spouses a lot of money. In many cases, all of this time and expense does not result in a divorce order that both spouses are happy with. California couples who are seeing their marriages come to an end may be able to reach mutual agreements about property division and other applicable matters in less time and at less expense by using a mediator.
Before deciding to use a mediator, people should think about whether mediation is the best solution for settling their issues. While mediation can be very cost-effective, it only works if people are capable of reaching agreements with each other. Divorce mediation could be much slower for divorcing spouses that have a contentious relationship and are unable to understand each other's positions.
If a marriage involved any history of physical, emotional or verbal abuse, mediation will probably not work out very well. During mediation, spouses must be able to communicate with each other about what they want in the settlement without any fear of future retaliation. Mediation can also become more complicated when they do not trust each other to reveal all of their financial records.
An attorney can provide a divorcing spouse with representation during the mediation process. Legal assistance may be a way to help ensure that the resulting agreement, if one is reached, is fair and equitable. Once the agreement is signed off on by both parties, it will be presented to the court and become a part of the final order.