Even If You Are Not Seeing Eye-to-Eye, Mediation is the Better Answer
There are many cases where the couple seeking divorce have sadly become bitter toward each other. The split up may have been ugly and now they are ready to just get it over with. It may seem like a good idea to have a lawyer speak to your spouse’s lawyer instead of you actually sitting down with your ex and talk out the terms of separation. Truth is, though, that litigation is not an easy or even quick process, and could take months.
Mediation is the answer
Even if you are mentally not prepared to meet and sit down with your unreasonable spouse, it may be a better idea to actually sort out all your affairs on your own instead of taking it to court. First off, as mentioned earlier, litigation is a lengthy process. It is also expensive, you are likely to lose a big amount of money to the lawyers, and if the other party is able to squeeze a lot out of you, you will have to pay up.
How mediation works in these scenarios
A mediation session can be arranged after the couple speaks with the mediator by themselves. After they each speak to the mediator, the session can be set up in a safe environment that is neutral. The location can either be an office in a courtroom or other locations specified by the court. There are, however, a few situations where mediation may not be appropriate. If the marriage has been, for example, characterised by physical abuse, mediation may not be the right way forward. That is because the abuser may still be intimidating to his or her partner, and this is a psychological edge that is unfair.
Are you ready and your spouse is not?
Another scenario is one where one party is willing to go through a mediation, but the other one refuses for whatever reasons. It is actually quite common for this to happen. Some people are simply more willing to get it over with. The other side may want to continue the relationship or may have other reasons. It may sometimes be wise to let the other person actually take their time with it and come to terms with the concept that the marriage is actually over. It is a tough decision to make, but the sooner it is made, the easier the recovery process will be.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
