Newport Beach Divorce Mediation Lawyer

Newport Beach Divorce Mediation Attorney

Ending a marriage in Newport Beach does not always require a courtroom battle. Alternative dispute resolution, like mediation, has become increasingly popular in California and throughout the United States, offering an avenue to resolve divorce cases more swiftly while allowing the spouses to have more influence over the final outcome. An experienced Newport Beach divorce mediation lawyer is the ideal resource to consult if you wish to explore this option.

Newport Beach Marriage Dissolution Attorney

Divorces are not always the intense fighting and endless disputes that some have stereotyped the scenarios to be. For the fortunate parting couples who are on agreeable terms in Newport Beach, CA, leveraging an alternative dispute method such as mediation can make a huge difference in the speed of your divorce proceedings. Even if you believe that you and your partner will not be able to agree on everything, it is worth trying mediation to see if working with one can help to reach a compromise.

The attorneys at Quinn & Dworakowski, LLP, have more than 100 combined years of litigation experience and have resolved hundreds of family court cases on behalf of clients in Newport Beach and throughout Orange County. Our lead partners are Certified Family Law Specialists with extensive records of successful representation, and we are confident we can provide personalized and effective counsel through every stage of your divorce mediation process.

What Is Divorce Mediation?

Divorce mediation is a completely voluntary process that is categorized as an alternative resolution method to courtroom litigation. It’s where a third-party supervisor steps in, almost like a therapist, to listen to both sides present their arguments. The individual listening does not have any bias toward either spouse. Their job is to connect the dots between any disagreements to help each other empathize with the other parties’ position and reach a consensus on their conflicts.

It is important to remember that your mediator cannot provide any direct legal advice to you or your spouse. Their job is to facilitate negotiations and help the couple draft a divorce agreement; you will still need to hire a divorce mediation lawyer to represent you and protect your interests in this process. You, your spouse, and your respective attorneys will collaborate under the supervision of your mediator to hopefully streamline your divorce case.

The success of mediation is only as strong as how open-minded and communicative both spouses are in the process. If they shut down or do not have any wiggle room in their positions, then the mediation attempt could be ruled unsuccessful. Then both parties would have to advance to settle the divorce in court, which will be more expensive.

How Does Divorce Mediation Differ From Traditional Litigation?

Not every couple is going to solve their issues through mediation. However, the benefits are advantageous. Understanding the following about mediation could convince some contentious couples to find a way to seek more agreement before litigation.

• A lot of couples appreciate being able to settle their differences behind closed doors with only a mediator interjecting. Because a lot of what needs to be decided can be very personal, some couples find they can better focus on the flow of conversation without worrying about what everyone else is thinking in the courtroom.
• Mediation speeds up the divorce process, which saves a ton of money. You will spend less time with your divorce attorney and will not have all the extra fees that come with settling a trial in court.
• When you are in the mediation process, you have more control over the final outcome. You can speak up when you believe you are at a point where the post-divorce plans work for you. If you wait until court, the judge has the final say in the outcome.
• Whether your mediation process is a quick in and out or you take a few sessions to come to an agreement, there is no doubt that this resolution method is much faster than litigating in court.
• The reason mediation is so compelling to many couples is that the environment prioritizes collaboration. Both parties are intended to enter the process knowing that they are looking to tweak their preferences here and there to meet in the middle and experience all the values that mediation offers. This differs from the courtroom, where it becomes more of an argumentative battle to see who will come out on top in the end.

Your Newport Beach divorce mediation attorney can help you determine whether mediation is a viable option for your divorce. If so, you and your spouse will meet privately with your respective attorneys under the supervision of a neutral mediator who will guide your negotiations and help you draft a divorce agreement.

Mediation is generally much faster than litigation, and it is also completely private. The discussions you and your spouse have in your mediation sessions will not become public record as they would if you were forced to discuss these issues in the courtroom. Privacy alone is often enough for some divorcing couples to choose mediation, even if their divorce is highly contentious.

The speed at which mediation unfolds depends on the divorcing couple. The more agreeable and flexible they can be, the faster they can resolve their case. If the couple cannot fully negotiate every aspect of their divorce through mediation, it is still possible for this to streamline their divorce. They can resolve what they can in mediation before resolving the rest of their case in court.

After the couple has a mediated agreement, they can present this to the family court for a final review and approval. Ultimately, divorce mediation offers the chance to have more control over the final outcome of your divorce, the chance to save a great deal of time and money on this difficult process, and to keep personal aspects of your divorce out of the public eye as much as possible. Consult a Newport Beach divorce mediation lawyer to see if this will work for you.

FAQs

How Much Does a California Divorce Mediator Cost?

A Newport Beach divorce mediation lawyer can charge anywhere from $100 to $400 per hour on your case. If you and your ex-partner are confident you can work together to reach a resolution, this is a far cheaper option than advancing to a formal trial and dealing with all those extra costs. It’s always important to keep a close look at the financial gains you can get in the long term from your divorce settlement. The upfront legal costs may be minuscule compared to what you will earn afterward and into the future.

What Is the Downside of Divorce Mediation?

With so many benefits to California divorce mediation, it may seem like there are not any downsides. However, every legal option should be considered within the context of your relationship. If your divorce is happening because you and your partner are struggling with communication, then a solution centered around open communication and collaboration, like mediation, might not be the greatest option. Also, if there is an imbalance of power between both parties, a setting like mediation may exacerbate that issue where one person may feel more compelled to agree to terms whether they are satisfied with them or not.

How Long Does Divorce Mediation Take?

A divorce mediation can take anywhere from one single session, where the couple can quickly agree to terms, to other situations where they may need a few sessions to figure everything out. The sessions are generally an hour long, and the frequency of sessions will depend on everyone’s schedules and if the couples need time in between to consider a proposal. If several sessions advance and it does not appear like a final resolution will be made, the couple will need to decide if it’s time to end the mediation process and progress to court.

How Long After Mediation Is a Divorce Final?

After terms have been agreed to at the conclusion of mediation, either the mediator or the family lawyer will spend time drafting an agreement. This will outline the terms of the divorce that both parties agreed to. Both spouses will review the document and then sign to signify an agreement. At this point, the agreement will be sent to the court to receive final approval. The timeline will vary, but working with an attorney can help keep you in the loop on progress and be able to answer questions that may be asked in return.

What Happens if Divorce Mediation Fails?

If that divorce mediation fails, the divorcing spouses will need to resolve the case through litigation. In some cases, divorcing couples are able to resolve some issues privately, but they reach impasses in other negotiations. Your attorney and your mediator can help you and your spouse streamline your case as much as possible before you proceed with litigation.

Contact Quinn Dworakowski Family Law Attorneys Today

If you are wondering if mediation could be the alternative resolution solution that works for you and your spouse in a divorce, contact the Newport Beach team at Quinn Dworakowski Family Law Attorneys today. For years we have taken the time to get to know those in our community who are struggling with how long and complicated divorce can be.

Our history of experience allows you to tap into premier strategies that have already worked for people like you, including mediation. Contact us today to schedule your consultation with our team. We look forward to hearing more from you.