What is Divorce Mediation?
Divorce mediation is a dispute resolution option available in California for divorced, divorcing, and unmarried couples engaged in a matrimonial conflict which needs to be resolved legally. It is non-adversarial, voluntary, and confidential. It is a constructive process whereby a neutral facilitator will help you and your spouse discuss and understand the nature of your conflict in order to help you accomplish a positive result. The aim is to achieve an agreement which is satisfactory to both without having a trial in court.
Through this structured process, the couple is helped to reach a self-determined and reasonable agreement by a trained neutral third party: a mediator, who may be a divorce attorney trained in this field. With more than 40 years practicing family law, the Law Offices of Kenneth Harvey offers this option in addition to collaboration and traditional courtroom litigation to clients experiencing marriage dissolution. You can discuss this option and others with us in a consultation which can be scheduled by calling our office at (310) 373-2900 or completing the contact us inquiry-form.
How Does It Differ from Traditional Litigation?
Mediation is usually less expensive than litigation in courts, is the preference of judges, is more satisfying to the spouses and in the end cultivates a greater degree of compliance to the terms agreed upon by the parties involved.
The traditional divorce process is adversarial; the spouses are encouraged to view each other as adversaries. Each spouse retains an attorney who represents him or her within the bounds of the law. During the course of this adversarial process, the spouses are likely to experience emotional trauma and financial chaos.
Through the mediation process, the spouses are encouraged to make their own decisions; this means that the spouses are in control, whereas in the traditional litigation the lawyers and the trial courts are in control. In this form of dispute resolution process, the divorcing spouses are not required to view each other as adversaries. As a result, the tension and stress caused by the chaos of terminating the marriage is reduced. Both spouses can better adjust and plan for the future; both are empowered to work together on finding the best way to resolve their conflicts.
Collaborative Law
Collaborative Law is a cousin of mediation. Both are designed to keep the parties out of court. Both are designed to allow the parties to maintain control over their lives rather than having a Judge to determine how they will share their children, how they will provide for child/spousal support, and how they will divide their assets. This process allows the parties to be as creative as they want in dealing with the issues of their case.
In a collaborative case, each party will be represented by an attorney with special training in collaborative law. Mental health professionals will make up another part of the collaborative team. Finally, there may be a child specialist and/or a neutral financial specialist. The professionals work together but it the parties are the ones who control the process. The professionals are invested in reaching a settlement as they will not be able to represent the parties if the case transitions to litigation.
To learn more about the collaborative process to see if it will work for you, call the Law Offices of Kenneth L. Harvey at 310-373-2900 or schedule appointment online.