In the past, when facing divorce, each spouse was encouraged to get their own aggressive lawyer and get ready to fight the other party over each individual issue in court. There were even divorce laws that required one spouse to prove the other’s fault in order to get a divorce at all.
Now, family law litigants are encouraged to resolve as many disputes as possible between themselves and without the intervention of the court. There are several different ways to do this, including mediation. Learn more about the many different options for resolving family law issues outside of court – as well as when you should mediate a divorce and when you should not. Never hesitate to discuss your specific situation with a California divorce attorney.
There are many different tools that can be used to resolve a divorce case outside of court. If the situation is very amicable, some spouses are able to create their own divorce settlement, but these cases are rare. Many divorce litigants need their own attorneys to protect their legal interests during these negotiations.
In some cases, the attorneys are able to negotiate a settlement between their clients without requiring decisions from a court or judge. If not, the parties can attend a mediation session with their lawyers. A mediator facilitates discussions between the parties about potential methods of resolving their disputes. Mediation is not binding: if a party does not agree to a mediator’s suggestions, they cannot be ordered to follow them. This helps many clients feel more open to the negotiating process.
Finally, there is binding arbitration. An arbitrator acts as a temporary judge who has the authority to order a settlement between the parties without a full trial in court. While not as common as mediation, this can still be an effective method of resolving a family law case.
The vast majority of divorce cases are able to be resolved outside of court. Because there are so many collaborative divorce tools, you can find the one that is best suited to your case in order to increase the likelihood of successfully resolving your dispute outside of court. Even if you are not able to resolve all issues in mediation, it is usually possible to resolve at least some disputes in mediation. This is important: by working together with your spouse to resolve even some of your differences, you are setting the stage for a more successful working relationship in the future. Mediation can address issues of property division, alimony and child support payments, child custody issues, and any other issue that comes up in a divorce proceeding.
Though rare, there are some circumstances in which it is not advisable to mediate a divorce case. Domestic violence is a major consideration. If there has ever been any type of abuse between the spouses, it may not be advisable to try to get them to work together to resolve their differences. Everyone must feel safe at all times during the mediation.
There are many divorce lawyers to choose from in California, but a good attorney will find common ground and resolution wherever possible, without dragging you into court unnecessarily. The experienced family law attorneys at Miranda, Magden & Miranda have years of experience negotiating even the most complicated family law issues. Contact us today to schedule a consultation.
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