Mediation and divorce

Mediation and divorce. Does it work?

14 Sep 2018
Amy Lass

Divorce Mediation is the smart approach to dissolving your marriage.

Although divorce mediation does not work for everyone, parties should always explore it to avoid the many pitfalls of litigation.

The best candidates for this kind of mediation are those that are interested in pursuing a cost-effective, amicable and peaceful approach to dissolve their marriage.

Below are some frequently asked questions potential clients ask before engaging in the mediation process:

1. Can my spouse and I do divorce mediation if we have children?

The answer to this question is usually yes. This is a great approach to resolving issues regarding custody and visitation.
The attorneys at Fresh Start Mediation have tremendous experience in both mediating and litigating child custody and visitation issues.
Mediation generally yields less conflict between the two parents, which is always best for children. Both parties to divorce mediation need to be able to put the needs of the children first, in order to make the process successful.

2. Can my spouse and I do divorce mediation if we have already begun the litigation process?

The answer to this question is yes. At any time in the divorce process parties can decide that litigation is not providing them the results they expected and can give divorce mediation a try. In the event that this method does not work, parties can go right back to litigating their case.

3. Can I force my spouse to try mediation?

Unfortunately, divorce mediation is a voluntary process. If only one spouse elects to participate, mediation is not an option. It takes both parties to come to the negotiation table.

4. Will I get everything I want in mediation?

No. Actually, it requires that both parties be willing to give and take in the process. If you are not prepared to make concessions on any level, divorce mediation is not for you.a

5. Is divorce mediation cheaper than hiring an attorney?

Generally speaking, this method is usually more cost-effective than each party hiring their own attorney. The parties have the benefit of splitting the cost of the mediator, as opposing to each paying for their own attorney. If divorce mediation is successful, neither party is required to go to court, which typically drives up the cost of litigation very quickly.

Contact us if you want to get mediation assistance in Carlsbad, Vista and San Marcos.

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