California residents who are going through a divorce may shudder at the thought of having to go to court. However, mediation may be a possible alternative to settling a divorce through litigation. They can be ideal for those who are going through an uncontested divorce, and in some cases, a mediator can turn a contested divorce into an uncontested one.
One the biggest benefits of mediation is that it is not an adversarial process. Instead of each side trying to make the best argument to win a case, each side is encouraged to work together to create a solution that works for both parties. Parties to a mediation session retain full control of the scope of a mediation session as well as the terms of any settlement. If a couple takes a divorce through litigation, a judge may dictate the terms of the final order.
Mediation may also be desirable because it costs less, the mediator will listen to each person's needs and sessions can be scheduled at a convenient time. It should also be noted that the entire process is confidential, which may spare any children that a couple may have from unnecessary scrutiny. It may also stop potentially embarrassing information about one or both parties to the marriage from being made public as well.
Going through this type of alternative dispute resolution process may be beneficial for people who are looking for a less stressful way to end a marriage. Although mediation may be less formal than litigation, it may be advisable for each party to have their respective attorneys review any agreement made during this process. This is because the agreement will be legally binding once it is accepted by a judge. Legal counsel may also be present during mediation sessions to provide further guidance toward a possible divorce settlement.