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Mediation Instead of Litigation
MEDIATION
Divorce mediation is a negotiation process between spouses. It is voluntary and confidential.
A divorce mediator is a neutral party trained to help couples resolve disputes that arise during divorce. The primary goal of the mediation is to produce a fair and reasonable agreement.
- Typically less costly (no need to pay for court costs)
- Client friendly (you are a vital part of the process)
- Cooperative approach
- No need to go to court
- Win-Win climate
- Faster
- Creative
- Clients in charge (you control the proceedings)
- Develop better communication for future parenting
Mediation allows more creative approaches to resolving disputes. You and your spouse are free to "think outside the box." You are not limited to solving your disputes the way the court would. You can fashion a settlement that will work for both parties.
Even if you and your spouse have begun a litigated divorce, both parties can decide to "freeze" the litigation and mediate their divorce.
Mediation can be used for the entire divorce process or may be used for one or a few specific issues.
Mediation generally takes less time than an adversarial divorce court process. If parties cooperate the process can be finished in 3-4 weeks. This allows both parties to save money and to move on with a new way of life.
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The confidentiality of mediation is protected by California law. The law protects any communication made in the course of the mediation. It includes all discussions and materials. There are some exceptions to this, particularly in cases involving Domestic Violence.
If the mediation fails, the mediator will not become a witness for or against either spouse. Neither spouse is permitted to disclose any confidential communications or materials that were made in the course of the mediation in any contested proceeding.
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Parties may choose to obtain independent counsel. The mediator does not represent either party. Your own independent attorney is looking out for your best interests.
If you are represented by counsel, your attorney will review any final agreement or judgment before you sign it.
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If parties choose to be unrepresented by counsel, the attorney mediator can draft the necessary court documents for both parties and file them with the court. This includes filing the original paperwork to start the divorce process all the way through to filing the final judgment. You may never need to appear in court.
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