Divorce should be a means by which unhappy people are afforded an opportunity to move forward and transition into a happier life. Regrettably, in today’s legal system, the divorce process can make people more contemptuous. This can be partially explained by the inherent adversarial nature of divorce proceedings. As a result, for some couples, not all, but some, mediation is an excellent alternative to the traditional divorce process.
What Is Mediation?
Mediation is an orderly and non-confrontational process providing people involved in a family law dispute an opportunity to have a dialogue about the issues involved. This dialogue frequently allows them to form an agreement that works for both parties.
Mediation differs from the traditional process in which parties hire their respective attorneys and appear before a judge. The mediator is a neutral arbiter and does not represent either party. Further, the mediator does not make any judgment or decisions— he or she simply ascertains the points of disagreement between the parties. This process becomes effective in that it allows the parties to focus on repairing only what is broken.
Mediation can be a good choice for many couples facing divorce because is often more expeditious and less expensive than traditional divorce litigation in California courts. In mediation, essentially your paperwork goes to court for you. In addition, it offers couples more control over the potential outcomes of litigation because the Judge is not the one making the ultimate decisions. In litigation, parties must follow the Judge’s order. Conversely, parties who engage in mediation are in charge their own future. They are allowed the authority to create a solution that fits their needs and their lives.