If you and your ex have not been able to agree on the provisions of your divorce agreement on your own, divorce mediation is the logical next step to explore. During mediation, you and your ex will meet together with a neutral third party mediator. This person will facilitate discussion and help to maintain a non-confrontational atmosphere in which to hammer out the details of your divorce agreement. The mediator will not offer legal advice to either party, so it is extremely important to be sure you have consulted with an experienced divorce attorney in Upland CA such as Torrence L. Howell prior to sitting down at the mediation table.
Benefits of Mediation or Collaborative Divorce
Mediation or collaborative divorce presents many valuable benefits to divorcing couples:
- Faster Resolution: The biggest benefit of mediation is probably that it provides an extremely fast resolution to the situation. Rather than waiting for your case to creep through the courts, you can work towards a settlement in your own time.
- Lower Costs: Staying out of court also has the very important benefit of helping to reduce the legal costs associated with divorce.
- Reduced Conflict: All too often, divorce battles prolong and exacerbate feelings of bitterness and anger between partners. This can be especially harmful if children are involved. By providing a non-confrontational environment to resolve issues and promoting civil discourse, mediation can help prevent this and set the stage for respectful interactions in the future.
- Better Compliance with Agreements: Mediation always results in agreements that are acceptable to both parties. Because individuals are more likely to live up to agreements they have helped to create themselves, there is usually better compliance with provisions decided in mediations than there is with orders mandated by the court.
- Perks in Support Agreements: One final reason to consider mediation is that it will provide you with the opportunity to include certain perks or extras in your support agreements that a court couldn’t necessarily be able to order or enforce. This might include a provision for the parents to share college tuition costs or housing costs for adult kids that haven’t left the nest.
Who Should Try Mediation?
Mediation is often called collaborative divorce for a good reason: partners must be able to collaborate, cooperate, and trust one another to a certain degree in order for it to be successful. While the mediator will help to keep the dialogue balanced, nonetheless mediation is best suited for couples that have a civil relationship and can discuss their issues amicably. In cases involving domestic violence, a history of any kind of abuse, or imbalances in power or education between partners, one partner may not feel comfortable defending their wishes in mediation. Litigation might then be a better option.
Is Collaborative Divorce for You?
If you are having trouble reaching a divorce agreement on your own, Torrence L. Howell can help you weigh the pros and cons of pursuing mediation and provide valuable advice and insight into the process. If mediations fail, you will already have an experienced Upland CA divorce attorney who knows the details of your case ready and willing to help you pursue other options.
Call (909) 920-0908 to learn more.