Mediation in California Divorce
When thinking of divorce or child custody cases, many people immediately jump to thinking of themselves sitting in court, nervously speaking to a judge, and sweating through the complexities of a full-blown trial. While full trials can (and do) happen, that is not the only way divorce and child custody cases can resolve. A very common out-of-court path that many people take is mediation. Mediation can shorten an otherwise lengthy, expensive divorce and child custody process.
What Is Mediation?
In the context of a divorce or child custody case, mediation will involve two opposing sides working with a neutral third-party facilitator (the mediator) with the goal of reaching an amicable agreement.
Both sides interact in the mediation, with the mediator guiding the sides through any conflict or disagreement, on a path toward landing on a mutually beneficial settlement agreement. Depending on the level of conflict between the parties and case type, there are different formats for mediation. The two most common types are caucus style, in which the mediator will shuttle between two rooms to speak with the parties individually, or joint session, in which the mediator and parties are all in one room.
While mediation can be a valuable resource and great path forward, it is not often well-suited for high-conflict or otherwise contentious divorces or child custody cases. Couples who thrive in this dynamic are usually those who are generally amicable, able to communicate, and open to compromise. If one party really does not want to come to an amicable solution, mediation may just be a frustrating exercise in futility.
Why People Choose Mediation
Mediation offers several key advantages over traditional courtroom litigation. First, it gives the parties greater control to make decisions. The parties make decisions, not the judge. This allows for more personalized solutions that reflect the family’s specific needs. Second, mediation can be cheaper than traditional litigation because it is less formal than making court appearances in court and litigating. Third, it can move resolution faster. Courts are backed up with cases which causes long delays in scheduling hearings and trials. Mediation moves at the pace of the participants. Last, mediation encourages cooperation rather than confrontation which can be especially important when children are involved and on-going co-parenting is required.
These key advantages are effective when both parties are willing to participate in good faith. If one is not, the mediation can be a waste of time and money, and litigation in the courtroom may be more effective in moving the case toward resolution. Contact Cardwell Steigerwald Young LLP
Whether mediation or litigation is the best step for you depends entirely on your own, individual circumstances. For experienced legal counsel and help in your own divorce case, contact a respected San Francisco divorce attorney with Cardwell Steigerwald Young LLP today.
