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"Agree, agree, the law is costly."
Fables of Aesop
ADVANTAGES
These are just some of the advantages of resolving your disputes out of court.
Staying out of court saves you money.
Divorce mediation and collaborative representation both cost less than the traditional method: There is no need for costs involved in preparing for court such as depositions, subpoenas, expert witness fees, and document preparation for court hearings. And no need to spend money for attorneys appearing in court.
Through face to face negotiations in mediation the role of attorneys is limited and legal costs are dramatically reduced.
By cutting the cost of divorce, more of the marital assets are preserved for the parties and their children after the divorce.
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The confidentiality of mediation is protected by California law. The law protects any communication made in the course of the mediation. It includes all discussions and materials.
If the mediation fails, the mediator will not become a witness for or against either spouse. Neither spouse is permitted to disclose any confidential communications or materials that were made in the course of the mediation in any contested proceeding.
There are some exceptions to this, particularly in cases involving Domestic Violence.
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Many consider non-adversarial divorce to be more beneficial.
Certainly, if there is to be a continuing relationship with a spouse after the divorce is over, avoiding litigation will help to preserve a healthy relationship with that former spouse, family and friends.
You can avoid dragging others into the process. Eliminate the need for friends and family to be called as witnesses in court or to sign declarations.
Through the divorce process, there is an opportunity to develop creative problem-solving skills for the future relationship, particularly when children are involved.
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Every year thousands of former spouses return to court to contest some aspect of their litigated divorce.
Since successful divorce mediation and collaborative representation results in an agreement, couples are less likely to contest.
By personally participating in the creation of their own agreement, couples maximize their control over the dissolution of their marriage.
This reduces the likelihood of post-divorce disputes and increases the probability of post-divorce compliance.
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When couples participate in reaching a fair and reasonable agreement, there is a sense of greater control.
Participating in the outcome reduces stress and provides an opportunity for both parties to work together toward common goals and to deal with the emotional aspects in a more constructive way.
If you go to court, there is no way to predict the outcome. Sometimes, if you "win" on some issues in court, you end up with other issues decided in a way that neither one of you would want.
The judge doesn't know your family situation as well as you do. When you agree to a settlement, you know exactly what you are getting.
Even if you and your spouse have begun a litigated divorce, both spouses can decide to "freeze" the litigation and mediate their divorce. Or choose to mediate a particular issue or all issues before a scheduled court appearance.
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If you go to court, do you realize how much of your private information becomes public? If you litigate support issues, you must file an Income & Expense Declaration. And if you battle it out in court, these hearings are public. Anyone can drop by and listen.
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The mediation or collaborative process allows the parties to be more creative than the court in fashioning settlement terms. The participants can create a climate that facilitates win-win settlements.
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The proceeding takes much less time. It can be finalized within a short time following the parties reaching agreement, rather than getting bogged down for many months waiting for a court date.
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