Mediation And Divorce Mediation

More and more people are choosing to use private divorce mediation as a constructive alternative to resolving their case in a courtroom battle. It is less expensive, completely confidential, and can be resolved in much less time than using the court system for resolution of your differences, according to a top San Diego family law attorney we spoke to recently. The costs are cheaper because you and your spouse “share” the mediator’s hourly fees. In litigation, both you and your spouse are paying two attorneys.

The average time you and your spouse spend with a San Diego family law mediator, (depending on your particular facts and issues) likely will take 3 to 6 months. In contrast, a resolution in court may take 18 months to 2 years, on average. It drastically reduces the number of court hearings as well.

The Mediator will provide the legal information to both spouses and explain how it applies, without taking sides and without giving legal advice. It is not an adversarial process at all. Rather, it is more like participating in business meetings and is much less stressful than court.

Depending on the complexity of your particular case, joint appraisers, financial planners, tax attorneys, child custody lawyers, and other experts may be consulted during the mediation. They can help resolve complex valuation and income issues in a cost-effective fashion.

If at any time during the Mediation, you are not satisfied, you can stop the Mediation, retain your own attorney and go to court. A judge will decide the disputed issues. However, it is important that you understand that the discussions and tentative agreements in the mediation remain confidential and cannot be introduced into evidence in court. This rule makes it easier for you to make offers and consider alternatives, and even change your mind in mediation without feeling boxed in.

San Diego family lawyers agree that mediation is a real alternative to consider for couples who are able to communicate with each other. All they need is a willingness to start the mediation process. The mediator is there to give you the legal information you need and to guide you to make joint decisions that are fair. It is the Mediator’s goal to obtain final results for you that are realistic and workable and that reflect each party’s needs.

At the end of the Mediation sessions and after all your particular conflicts have been worked out, the Mediator will prepare a final legal agreement that will include all the issues in your divorce, including the division of the community estate (assets and debts), child custody and support, spousal support, agreements regarding family-owned businesses, and attorney fees. The mediator has everyone review and sign the agreement and has it filed with the Court as part of the judgment of divorce. That judgment is a legally-enforceable document. It has the same force and effect as if a judge had decided your case in court.

Article Source: http://www.parentingarticlelibrary.com

After spending three years going through her own ?nasty? divorce, which involved the distribution of a substantial estate and a contentious custody battle, Marie Backes vowed to make it better for others experiencing the traumatic financial and emotionaldevastation caused by the breakup of the family. For more information please visit: www.backesfamilylaw.com/

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