What is Divorce Mediation?
Work With A Skilled Newport Beach Divorce Mediation Lawyer
Divorce mediation is a method by which two spouses, desirous of a divorce,
meet with an impartial mediator as an alternative to traditional divorce
The purpose of the mediation is to acknowledge the emotional and practical
concerns of both parties and help them come to a resolution regarding
their divorce. The mediation is complete when the two individuals come to terms and the
mediator creates a settlement agreement for the divorce.
Who Do I Choose As A Divorce Mediator?
A divorce mediator is someone who usually has a background in
divorce law or family counseling or is a mental health professional. While the emotional
aspects of the divorce may hold more weight with a mediator who has a
counseling background, it is highly advised to choose a Newport Beach
divorce attorney, because they can be especially helpful in drafting the
agreement in a way that truly and legally reflects the desires of the parties.
Mediation vs. Litigation: What's the difference?
Gone are the days when court appearance and intense debates must take place
before the process of divorce can be officially considered complete. Now,
it is common, and in most cases preferable, to terminate a marriage on
good terms. Most often, this can be accomplished through mediation rather
that litigation. Instead of taking your divorce to the courtroom where
it will need to be presented before a divorce judge in order to ultimately
settle the matter, you can turn to a professional mediator who can help
you do the same outside of the complexities involved in courtroom appearances
and trial hearings.
As an impartial, third party mediator, your Newport Beach divorce attorney
can facilitate a resolution between you and your soon to be ex-spouse
rather than taking any disputes that arise directly to the courts. Through
open lines of communication that are mediated by an attorney, you and
your spouse can come to a better understanding of one another's wants
and needs from the divorce. From there, both of you can utilize your mediator
to establish mutually agreed upon conditions that will ultimately be used
to establish the terms of your divorce. Avoiding the expense and stress
that often come with litigation, mediation instead uses a problem-solving
approach to find agreements that work for both parties involved in the divorce.
What You Can Expect During the Mediation Process
Perhaps the most important step to mediation is finding the right professional
to act as the mediator of your case. Both licensed attorneys and non-attorneys
alike are capable of serving as mediators of a divorce case, however,
an attorney can bring to the table additional and different skills than
other non-attorney mediators. In cases of mediation, it will be expected
that the mediator help both parties involved come to a resolution regarding
their divorce upon which they both can comfortably agree.
The procedures involved in cases of mediation require no formal discovery.
Your mediation will begin with a
general caucus during which time you, your spouse and your mediator will meet in one
room to establish the rules under which your mediation will take place.
During the actual process of mediation, you or your legal representative
will be entitled to make an opening statement. At this time, it is expected
that you identify the issues that you would like to be brought to the
table and resolved accordingly. It is also at this time that you can ask
for clarification about any preexisting perceptions you may have about
the process in general or your divorce as a whole.
private caucus can be arranged if one or both sides of the divorcing party are behaving
in a hostile manner that is not conducive to agreeable mediation. In said
conditions, the mediator will be responsible for shuffling back and forth
between each private caucus until a resolution is reached.
Advantages to Mediation
Divorce mediation is a reasonable and less costly approach to settling
the decisions which need to be made in divorce. The approach to these
decisions is one that is hopefully amiable and respectful. Individuals
generally go into the mediation process with an intention to find workable
solutions rather than trying to win an argument before a Court, as one
does in a
Mediation can also be a way to cut the divorce costs considerably. In a
contested divorce where there financial or child custody disputes, it
may generally range in excess of thousands of dollars per spouse. If you
are considering divorce mediation, Attorney Marc E. Mitzner, an experienced
mediator can assist you.
When an Agreement Cannot be Reached
The decision to mediate the terms and conditions of your divorce does not
automatically mean that you will be successful in your efforts to do so.
In fact, there have been several cases in the past in which a divorcing
couple began with the process of mediation but were ultimately unable
to complete the dissolution of the marriage through this means of legal action.
It is not required that parties reach an agreement in cases of mediation. When a mediated case does not duly come to a settlement or reach some form
of agreement over the matters being discussed, the mediator may prompt
both parties to attempt mediation again at a later date.
Sometimes, all that is needed to alleviate the stagnancy of a mediated
divorce is time and perspective. Many couples have been successful in
completing their divorce during their second round of mediation, not their
first. Once a settlement has been reached, it will be memorialized through
a written agreement that is signed by both parties of the divorce. This
agreement will then serve as the contractual obligations of each party
post-mediation. If, however, a settlement still cannot be reached the
divorcing couple may need to take the matter to court and have it resolved