All You Need to Know About Division of Property Mediation
A divorce or legal separation is both mentally and financially traumatic for the parties involved. The grief of a broken relationship, of shared dreams and hopes, combined with the grueling task of making a fair division of your shared possessions, may leave you completely exhausted. Once you have parted ways, your shared property too needs to be distributed.
The biggest problem with carrying out the division all-by-yourself is that it might give rise to further conflicts and an unsatisfactory outcome. Obtaining legal advice in such situations is the most acceptable thing to do. However, since court litigation is a highly expensive and lengthy procedure, it is advisable to go for a legal out-of-court mediation for the division of your property.
What is mediation for the division of property?
Mediation is the process wherein a neutral, independent third party, called the mediator, tries to resolve the conflict by using standard mediation techniques. The mediator does not have the authority to arbitrate the dispute on his own. However, his job is to assist the two conflicted parties, address their issues and individual interests, and arrive at a set of plausible settlement options that might be agreed upon by both the parties.
In the event of a divorce, generally, the division of shared assets and property is the biggest and most complicated issue that can be resolved within the separating couple without requiring any outside help. However, due to the pre-existing disputes, the couple often requires legal aid for addressing the issue and reaching a non-biased fair settlement.
How is mediation more advantageous than litigation?
- Mediation is a quicker process as compared to the court lawsuit. It only takes a few days or weeks to reach a resolution with the help of a mediator, whereas the court proceedings go on for months on end.
- Mediation is a cheaper process as compared to filing a lawsuit, and can be more affordable in times when you are already in a financial fix.
- Since mediation is a more informal approach to resolving a conflict, it provides more room for the parties to open up and discuss their individual interests freely. On the other hand, a lawsuit requires a slew of rules and regulations that bind the parties and restrains them from speaking up.
- The confidentiality of a mediation process renders it a more acceptable form of settlement as compared to court litigation. Court proceedings are public and most people do not want to discuss their personal issues in front of the others. Mediation provides a private platform for the parties to reveal their personal details and problems.
Hiring a mediator for the division of your property in your divorce can be extremely useful and rewarding while trying to arrive at a mutual agreement without any further conflicts.
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.
