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.
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. 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.
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: 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.
A: 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.
A: 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.
A: 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.
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. We look forward to hearing more from you.
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