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.”
Pros and Cons to Using Divorce Mediation Rather than Trial
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.
If you are considering a divorce and are interested in discussing alternatives to a trial, call GYL to learn about your options: (858) 371-5569. Our attorneys are some of the best in the field, and we would be happy to help you through the divorce mediation process. To reach us online, click here.