Divorce mediation is best thought of as an alternative to divorce litigation. Divorce mediation skips the adversarial process and places both spouses into a “room”, not necessarily physically but symbolically, in an attempt to settle. Let’s look at when mediation is most effective and when it is not.
Divorce Mediation and Spouses on Good Terms
Spouses on good terms, who are able to communicate and mutually want the best for their children and intend to divide the assets fairly are the model divorce mediation candidate. The worst thing that can happen to such spouses is to hire overzealous or deceptive lawyers who will divide them and make false promises.
Divorce Mediation and Spouses on Difficult Terms
Spouses who do not communicate well and have claims and contentions against each other face a more challenging task. While divorce mediation is not necessarily a waste of their time, they must go into the process with their eyes open and recognize that the success of the process will depend on their ability to set aside their differences
Divorce Mediation and Small to Mid Sized Estates
Small to mid sized estates are an excellent fit for mediation because they allow spouses to get a preview of what the Court may do on most, if not all of their issues. Such estates rarely have complex legal issues and, except for custody issues, the financial aspects can generally be worked out within an divorce mediation.
Divorce Mediation and High Asset Estates
High asset Orange County marital estates are trickier. These divorces often involve one or both spouses who are self employed or have complex financial structures. Mediation without each spouse having a lawyer present could cause an inequality in a settlement. Still, divorce mediation is not a hopeless cause with large estates. It simply requires more care.
Divorce Mediation and Serious Domestic Violence
We do not believe serious domestic violence cases between spouses or against children (or cases of false abuse allegations) are a good fit for divorce mediation. These cases can involve such a breach of trust between the spouses that the chances of successful resolution between them until things have calmed down and peace has been restored is low.
Our Orange County Divorce Mediation Lawyers are Ready to Help You
We are not just excellent litigations. We are compassionate and resolution focused divorce mediators. If you and your spouse wish to avoid litigation, its cost and uncertainty, then consider divorce mediation as a good alternative. Contact us for a consultation to determine if mediation is a good fit for your divorce case.