Will Divorce Mediation Work For You?

By Gerald A. Maggio, Esq.

divorce mediation attorneys Orange County; California Divorce MediatorsDivorce or a legal separation is the ultimate culmination of all your marital conflicts with your spouse. Sometimes, the process of separation itself can become a major cause for conflict, when both the parties have to agree upon a common settlement. In some of the cases, both the parties might resolve their property division and custody related issues peacefully, with mutual consent. On the other hand, some of the separating couples might end up in an extended litigation, fighting for their individual rights, to achieve maximum benefit for themselves. The third category, however, involves couples who agree upon an out of court settlement of their post separation rights, through the process of mediation, also referred to as mediated divorce.

What exactly is mediated divorce?

As the name suggests, the medidated divorce is an approach to negotiating the rights, of the divorced couple, with the help of a third party professional mediator. In this process, both the partners hire a neutral mediator who works together with the parties towards settling on an agreement favorable for both the parties involved.

The mediated process generally involves ‘three-way’ mediation sessions, of both the parties and the mediator meet and discuss the issues together and try to reach a settlement of their own accord. The mediated divorce process may also demand the additional involvement of other professionals, such as neutral accountants or child custody specialists, who would also assist the parties, mediator, and the parties’ attorneys, if they have one, in reaching an out of court settlement.

How mediated divorce is beneficial for the parties involved

Despite the fact that in due course, the couple has to get the legal separation or divorce mandated by a court, the mediated process can considerably shorten the length of the court proceedings. Through divorce mediation, the couple can reach mutually agreed upon out of court settlements for post- divorce rights.  Additionally, the mediated divorce enables both the parties to reach a conscientious settlement, which is beneficial to both of them.

The mediated divorce not only spares you the grueling court trials that often take years to resolve the issues, but also saves you a lot of unnecessary expenditure involved with a legal lawsuit.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation