Carlsbad Family Law Attorneys
A woman sitting across from a man and another woman. She appears to be talking them through something

An In-Depth Look at the Mediation Process

The Basics of What You Need to Know

Sometimes your goal in a case is to avoid the courtroom if at all possible, yet you might not be sure if reaching a resolution outside of a judge deciding for you is in the cards. However, alternative forms of resolving issues exist, and more and more people are choosing mediation to settle their disputes outside of court.

Read on to learn the basics of mediation.

What is Mediation?

As mentioned, mediation is an alternative form of working through issues and is becoming a more popular means of resolving disputes in a divorce. In mediation, a neutral third party (usually an attorney skilled in mediation) sits down with both parties getting divorced and ultimately works to raise discussion points and facilitate conversation. The goal of mediation is to allow the disputing parties to collaborate and come to an agreement that meets their needs and resolves their problems.

How Long Does Mediation Take?

Because mediation puts the disputing parties in control over the final outcome, it is common to see mediation taking less time than resolving those issues in court. Mediation takes place in sessions, and how many sessions are necessary to come to an agreement depends on the nature of and the number of issues present in the case. Some disputes can be resolved with just one session while others may take more; regardless, it can still take less time than going to court.

What Does a Session Look Like?

Rather than have the parties’ attorneys do the talking for them, mediation allows each party to participate directly in the process. In a divorce, for example, each spouse will sit down and talk openly about the issues they face and how they would like to see the issue resolved based on their own wants and needs. The mediator present will facilitate discussion and calm any tension that arises by allowing each participant to speak openly.

While mediators tend to let parties resolve disputes on their own, a mediator may guide the discussion toward a certain issue to get that resolved before moving on to other areas that need to be addressed. How mediation flows depends on the mediator you work with; regardless of who you choose, however, your mediator will be there to help you and your spouse work through these important issues to come to your own agreement.

Why Choose Mediation?

While the prospect of trying something different than the norm may sound a bit frightening, you can rest assured that mediation often proves itself to be more effective and beneficial than traditional litigation. Benefits of mediation include the following:

  • Your mediator is completely neutral. Any input they give is objective and not biased toward either side.

  • Mediation allows for complete privacy over sensitive information and issues. While certain types of information will need to be submitted to the court (such as information in the settlement agreement), the actual talking points you have in your sessions remain with you, your spouse, and your mediator.

  • The final outcome is completely your own. You helped create this with your spouse, meaning that it benefits both of you and meets your needs.

  • Because mediation can be less time-consuming, it can also cut down on the overall cost of the process.

Ready to Get Started?

Mediation may sound new and different, but choosing this option gives you so much more than you may have imagined. When you are ready to begin, the team at Griffith, Young & Lass is ready to help you achieve a more peaceful solution for your divorce. Whether you have to work through child custody, child support, property division, or any other issue, we’re ready to help you find a mutually beneficial solution and empower you to take action and seek peace.

Learn more about our mediation services or get in touch with us by calling (858) 371-5569 or by visiting our website.

Categories