Carlsbad Mediation Lawyers
Divorce And Family Mediation In San Diego County – 858-951-1526
Aside from traditional family law litigation, at Griffith, Young & Lass we also help families through their divorce via uncontested mediation. Divorce can go one of two routes: mediation or litigation. Mediation, if successful, is generally exponentially cheaper and much faster than a litigated contested divorce.
Are you interested in using mediation for a peaceful divorce in Carlsbad? Call our divorce mediation lawyers at 858-951-1526 to discuss your options or fill out our contact form here.
What Is Divorce Mediation?
Divorce mediation is a great option for those couples who are able to sit down, set emotions aside and agree to something that works for both sides. You have to remember going into mediation that nobody is a winner in a divorce. The ability to compromise is essential for mediation to be successful.
Even if you and your spouse are at odds about the terms of the divorce, you may still be able to avoid trial by consulting with a mediator. As an impartial third party, a mediator can help frame the discussion of contested issues so that both you and your spouse can arrive at an agreement. While mediation may not resolve every dispute, progress can often lead to a concrete settlement.
The divorce mediation process will be used to cover all aspects of the divorce, including:
- Child custody and parenting plan
- Child support and spousal support
- Property division
While retaining your own independent mediation lawyer for divorce is not required, having one often proves to be very helpful in ensuring that your best interests are considered during the process – especially in complex asset cases.
How Do You Choose The Right Mediator?
To experience the best outcome, you should look for a mediator who is trained to handle the various issues that can quickly complicate a divorce proceeding, such as child custody, visitation and support.
Your mediator should be trained to resolve conflicts and possess extensive knowledge of your state’s divorce laws. Your mediator should also be willing to work with you to help you and your spouse facilitate a meaningful conversation about all pertinent issues.
Above all, look for a mediator you and your spouse can both work with. The process of searching for a mediator should be done together to ensure you are both comfortable with the person who will be moderating the negotiations in your divorce. You can hire a divorce mediation attorney to represent your specific interests in these matters.
Should I Consider A Private Judge?
You might benefit from having your case mediated by a private judge. This alternative can potentially save parties from the stress of going through a protracted legal battle and potentially thousands of dollars in legal expenses. In California, the courts enlist the services of legal professionals – such as experienced attorneys and retired judges – to serve as “private judges” – also known as judges pro tempore. Private judges can take the place of public judges in formal legal proceedings, but in California, they can also act as mediators.
What To Consider When Preparing For Your First Mediation Session
Though mediation is generally less contentious than litigation, you may still be nervous for the process. It can help calm your nerves to know ahead of time what you should bring with you and how you should approach your first mediation session.
First and foremost, remember to set your emotions aside and prepare to negotiate. Though arguments may arise, it’s best to remember that as successful mediation occurs when both parties work together. The mediator will help guide the conversation. Be sure work with your attorney to understand the divorce mediation process so that you know what to expect and any information you need to be aware of. Lastly, you will want to bring important financial and child-related documents to the mediation. These may include bank account balances, retirement accounts, medical and school records, extracurriculars, etc. Your attorney will be able to help you determine what specifics you’ll need.
Partner Amy Lass Is Our Primary Mediation Specialist At GYL
“I often recommend mediation for my clients because they will have a direct say in arriving at their settlement rather than having a judge tell them how to parent their children or pay their bills. In many cases, the courtroom isn’t necessary for a divorce. Many couples are willing to work toward a settlement on their own with the guidance of our legal counsel.”
Divorce Mediation Vs. Litigation – Pros And Cons
There are many advantages to avoiding a divorce trial. Avoiding a fight in court typically leads to a better long-term relationship with your ex-spouse – something that is particularly desirable if you have children. In the absence of a trial, the divorce process is often quicker, cheaper, and more private. In addition, you’ll have more control over the terms of the divorce since a judge will not be making the decisions.
There are times, though, when a divorce trial might be preferable to an agreement, mediation, collaboration or negotiation. For example, if you believe that your spouse is hiding assets or income, a subpoena might be necessary. Litigation is your only opportunity to compel financial disclosure. In addition, if your spouse has a history of domestic violence or drug or alcohol abuse, a trial is often necessary.
Reach Out To Our Trusted Divorce Mediation Attorneys
Are you are considering a divorce and are interested in alternatives to a trial? Call GYL at 858-951-1526 to learn about your options! Our attorneys are some of the best in the field and we would be happy to help you through the divorce mediation process. Click here to reach us online.
