The Court is adversarial by its very nature. There is a winner and a loser. People who experience a divorce often complain that their concerns are not adequately addressed and that the process is simply too stressful and expensive. Many people facing a divorce believe the only way to get divorced is to go to court. However, this is not the case; there are alternate dispute resolution options available.
Mediation, for example, is an out-of-court process that can assist you and your spouse without ever having to step foot in a courthouse. Mediation is designed to help individuals work together to find mutually agreed upon solutions and to help parties reduce conflict. The mediator’s role is that of a peacekeeper and negotiator. These legal experts are trained to assist parties and resolve conflict by helping them to communicate more effectively. Unlike an attorney, a mediator must be neutral, and therefore, cannot advocate for either party. If the mediator is also a licensed attorney, the mediator-attorney can provide the parties with legal information, educate the two parties as to how issues are handled in court, and prepare all the paperwork to bring a case to full resolution.
The mediation process is client centered. That means that you and your spouse will control the process of the divorce, not attorneys or the court. By having more control over the process, spouses will generally find mediation to be less costly and time consuming when it is compared to formal court proceedings. Moreover, spouses will enjoy greater flexibility and convenience with scheduling mediation sessions rather than dealing with court ordered hearings and congested court calendars. However, the greatest benefit mediation can offer most parties is that it can significantly reduce the mental, emotional, and financial stress of families going through a divorce by helping spouses avoid a drawn out, contentious courtroom battle.
When parties work together to create their own agreements, it is not surprising that mediated agreements have a greater level of compliance between 2 parties; there also tends to be less need for court modifications in the future. Mediation can provide parties many benefits over the traditional courtroom divorce. It is a legal avenue that should be considered when someone is contemplating a divorce.
If you have questions regarding mediation, please contact our office to schedule a consultation. The Law Office of Family Law Specialist Richard E. Bawden also handles legal issues regarding adoption, annulment, collaborative divorce, divorce, domestic violence, litigation, legal separation, paternity, spousal support, pre-marital and post-marital agreements. Dial 909.792.0222 or email us at [email protected] You might also want to get more information at our website: www.richardbawdenlaw.com. The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.