Why Divorce Mediation Is Better Than Litigation

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys in Orange CountyThe decision on whether one should settle your divorce case through mediation or litigation will depend on individual circumstances of every case. There are many cases when the two parties can sit together and negotiate their settlement details through mediation.  However, there are other cases where mediation becomes a futile exercise and the two parties fail to. You can else enter into a deal with the come to any amicable settlement.

Mediation is a cost-effective technique to resolve the differences in a divorce in some circumstances. But there are other circumstances when one of the parties or both of them need to approach a court to get the desired outcomes.

Merits of settling a divorce case

Settlement offers a host of benefits as compared to a divorce lawsuit or a legal dispute. Here are some of them.

Stress

It is possible to reduce stressful situations to some extent by opting for a settlement as compared to going for a trial or litigation.  The latter may have unexpected outcomes and both parties may not like to stand on a witness stand in the court and share their private stories with the judge in front of many people. Additionally, they may not like the prospect of being cross-examined by the lawyer for the other party.

Less expensive

When the parties opt for a trial, the process involves experts, attorneys, time, travel, witnesses among others. In case a case can be settled prior to going on a trial, several such expenses are drastically reduced or removed altogether.

More predictable as compared to trial

Any good divorce lawyer will mention that the decision of a jury is not quite predictable. In comparison, you can declare your terms for the divorce settlement agreements. You can also enter into a deal either the other party, which is acceptable to both of you.

Privacy

If you opt for settling your case, many of its details are not included in the court documents. They are not treated as public records; clause god confidentiality is included in several court documents.

Sense of finality prevails

If a couple opts for litigation, the party that lists the case has a right to appeal against the judgment made by a court. Thus, the divorce process may drag on for several months. On the other hand, a settlement is not usually appealed.

When is it better to opt for litigation?

When either both the parties or one of them do not agree to settle or refuses to come to a negotiating table then a lawsuit can become imperative at other times when a plaintiff needs to settle his or her sense of what is wrong and what is right, they may opt for a legal proceeding.

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

Lawyer Or Mediator? Which One Should You Opt For During Divorce

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation; California Divorce MediatorsDivorces can be complicated matters and getting caught in the middle of legal problems is common. some people try avoiding divorce cases by going through a mediation first.  A divorce mediator helps couples either negotiate divorce settlements or resolve issues that leads to the dissolution of marriage.

However, divorce mediation is not appropriate in all situations.  For certain cases where domestic abuse or some kind of crime is involved, courts often start divorce proceedings without a mediation. But it can be confusing for people who are stuck in between and don’t know whether to hire a lawyer or a mediator.

When does mediation work?

California courts always favor divorce mediations and alternatives to divorce because it saves them for going into complicated cases. They can instead focus on more pressing matters. It is the reason why courts ask couples to go through a mediation process before the divorce is finalized.

Mediation processes are successful when the idea of a divorce is mutual and both parties understand what it means for them. Divorce mediations are useful when the couples are open to comprise without any emotional attachment.

Mediation is a powerful process and many marriages have worked out after couples went through a mediation process.

When does going to a lawyer work?

Divorce mediations are absolutely necessary but in some cases, they are not required. In cases where clear signs of domestic abuse or child abuse is involved, mediation is unnecessary. In other cases, where the court feels that a mediation is waste of time, divorce proceedings are directly handled by lawyers. Sometimes, mediators and lawyers are the same person and the roles are intertwined. For such lawyers, it becomes easy to do both without the client or the courts interference.

Conclusion

Since divorces can become ugly, mediation processes that can potentially save the marriage is often used to pacify issues between the couple. Mediation processes work best when both parties are ready to reach a common ground where they can work out things. Often, it helps save their marriage. Divorce mediations also help couples who aren’t too emotional or touchy about the dissolution of their marriage.

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

Advantages of Online Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys in Orange County; California Divorce MediatorsOnline mediation or virtual mediation is the process of conducting mediation online, via the Internet, with the help of applications such as Skype, Facetime, and so on. The mediation process remains the same, the mediator and the two divorcing parties will be present, however, they will not be physically present at the mediator’s office, all will be communicating with each other via Skype or Facetime. While face-to-face mediation has its benefits such as a more meaningful communication between the parties, the mediator getting a better understanding of the couple by observing their tone, body language, and so on, online divorce mediation has its own advantages as well.

Online divorce mediation is perfect for busy professionals

Many a time in face-to-face mediation it just so happens that one of the parties fail to reach the mediator’s office on time because of their busy work schedule. With online mediation, both the parties can decide on a time that is suitable for them. They can then login from their office itself, and be present virtually for the mediation process. No rushing to the mediator’s office from their own office, no getting stuck in the traffic and reaching the mediation venue late. Also, if you need to travel extensively for work or if you are staying out of state, you do not have to take a day off to participate in the mediation process. You have the convenience of logging in from anywhere.

Online divorce mediation is cost-effective

Since it is possible to participate in the mediation process from home, you do not have to arrange for child care. Also, you will be able to save on all the traveling expenses.

Online divorce mediation is ideal for immobile individuals

For people who are unable to leave their home due to any medical condition or disability, online divorce mediation is very practical. They will be able to take part in the mediation process from their home. Also, in the case of older individuals, they will be spared the hassle of driving or finding someone to drive them to the venue.

Online divorce mediation can be empowering for certain parties

If one party is intimidated in the physical presence of the other party, then that party may not be able to speak openly and freely during a face-to-face mediation. Online mediation can empower such parties to speak their mind freely and confidently during the sessions. Online divorce mediation is ideal for couples who cannot stand each other as well.

Online mediation can be a learning experience for the couples as well. They will be able to communicate with each other online in the future to maintain their relationship after the divorce for discussing the needs of their children.

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