Resolving a Divorce through Mediation

Because the negative aspects of divorce are so dramatized and publicized by the media, many divorcing couples are beginning to look towards more “non-traditional” methods of resolving their cases, hoping to sidestep the potential headaches of a courtroom showdown.

One popular alternative to legal action is mediation. Mediation means working through disagreements and conflicts in a non-confrontational, mutually open fashion, with the help of a neutral third party called, creatively, a mediator. Mediators can be just about anyone, with just about any background. Pastors, psychiatrists, therapists, lawyers – all these people can be mediators, though with vastly different approaches to the mediation process.

Regardless of the specific mediation approach you choose, there are several tempting reasons to consider pursuing mediation rather than conflict during your divorce.

First, the very nature of mediation usually makes it much more pleasant than fighting in the courtroom. The focus of a mediation session will be on compromise and mutual agreement rather than an adversarial contest. This results in calmer tempers, fewer shouting matches, and often a quicker end to the process.

Second, by choosing mediation, a couple retains much more control over the process than if they were to go to court. In a legal setting, timetables and schedules are heavily influenced, if not entirely in the hands of, lawyers and judges. With mediation, however, the proceedings move as quickly or as slowly as the couple wants or is able to handle.

Third, mediation is usually much cheaper than hiring an attorney. It also helps that a couple shares the cost of hiring a mediator, rather than shelling out for separate lawyers. If you are worried about the effect that a divorce will have on your pocketbook, mediation may simply be the most practical option to try.

Finally, it is worth mentioning that, though mediation and legal action are very different, they are not mutually exclusive. A couple who fails to reach a consensus through mediation can still decide to go to court. In other words, there is not much to lose by choosing mediation, and potentially much to gain.

If you would like to learn more about the mediation process, contact the San Diego family lawyers at Fischer & Van Thiel by calling 760-722-7646 or visiting today.

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