Using Mediation to Avoid the High Costs of Divorce 4

by Keith Dysart, Family Law Attorney and Mediator in Santa Cruz, CA

The idea of divorce brings out strong emotions in most people. Feelings of failure, regret and fear all make the idea almost unbearable. On top of the pain of a broken marriage you now must deal with the emotional and financial stress of divorce. Many of the preconceived ideas we have about divorce focus on the few cases that actually go to trial. Over publicized celebrity divorces and TV shows rarely reflect the truth about a typical divorce. The truth is litigating a divorce can be outrageously expensive, but very few divorces will ever make it to trial.

The court does not have the time or resources to fully understand the intricacies of your family so they encourage private settlements. The court will likely order you to attend mediation, co-parenting classes and numerous hearings before you case may proceed to trial. Many people have embraced this trend toward private settlements and have hired attorneys and mediators to help them reach a settlement without court involvement. By choosing this path you can reduce the costs of your divorce and decide for yourself what best suits the needs of your family.

In recent years mediation has been used as an effective alternative to litigation in numerous areas of law including family law. I understand that during a divorce emotions are running high and sitting down face to face to resolve your marital issues may not be a pleasant idea. However a mediator can provide you with a safe environment to openly discuss your concerns and help you work toward a mutual agreement. In addition issues like child custody may further benefit from your willingness to mediate because your children are unique and decisions made by you can take into account their special needs.

Collaborative law offers another cost effective alternative to litigation. Collaborative law generally refers to settlement negotiations when both sides have agreed not to involve the court. With collaborative law each spouse may be represented by an attorney who negotiates on their behalf. The cost is higher than mediation but still may be significantly less expensive than litigating your divorce. Collaborative law may be appealing because each side may benefit from an attorney’s representation but it removes the threat and expense of litigation.

As a family law attorney I understand that there are many stresses put on families and marriages during these economically challenging times and often these stresses play a major factor in divorce. My goal in this article is to help those considering divorce and provide them with the information they need to resolve their family law issues. By fully exploring your options you can decide on an approach to divorce that fits your needs.

This article is meant only to provide information and is not intended as legal advice. If you have questions concerning your particular case you should make an appointment to talk to an attorney or mediator about your options.

The idea of divorce brings out strong emotions in most people.  Feelings of failure, regret and fear all make the idea almost unbearable.  On top of the pain of a broken marriage you now must deal with the emotional and financial stress of divorce.  Many of the preconceived ideas we have about divorce focus on the few cases that actually go to trial.  Over publicized celebrity divorces and TV shows rarely reflect the truth about a typical divorce.  The truth is litigating a divorce can be outrageously expensive, but very few divorces will ever make it to trial.

The court does not have the time or resources to fully understand the intricacies of your family so they encourage private settlements.  The court will likely order you to attend mediation, co-parenting classes and numerous hearings before you case may proceed to trial.  Many people have embraced this trend toward private settlements and have hired attorneys and mediators to help them reach a settlement without court involvement.  By choosing this path you can reduce the costs of your divorce and decide for yourself what best suits the needs of your family.

In recent years mediation has been used as an effective alternative to litigation in numerous areas of law including family law.  I understand that during a divorce emotions are running high and sitting down face to face to resolve your marital issues may not be a pleasant idea.  However a mediator can provide you with a safe environment to openly discuss your concerns and help you work toward a mutual agreement.  In addition issues like child custody may further benefit from your willingness to mediate because your children are unique and decisions made by you can take into account their special needs.

Collaborative law offers another cost effective alternative to litigation.  Collaborative law generally refers to settlement negotiations when both sides have agreed not to involve the court.  With collaborative law each spouse may be represented by an attorney who negotiates on their behalf.  The cost is higher than mediation but still may be significantly less expensive than litigating your divorce.  Collaborative law may be appealing because each side may benefit from an attorney’s representation but it removes the threat and expense of litigation.

As a family law attorney I understand that there are many stresses put on families and marriages during these economically challenging times and often these stresses play a major factor in divorce.  My goal in this article is to help those considering divorce and provide them with the information they need to resolve their family law issues.  By fully exploring your options you can decide on an approach to divorce that fits your needs.

This article is meant only to provide information and is not intended as legal advice.  If you have questions concerning your particular case you should make an appointment to talk to an attorney or mediator about your options.

Keith Dysart, Family Law Attorney and Mediator in Santa Cruz CA

http://www.dysartlawfirm.com

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Discussion

  • Robert

    When me and my wife separated through divorce, we had no choice but to settle arrangements when it comes to co-parenting. We have 2 young kids and we don’t want them to suffer just because we needed to part ways. So me and my ex-wife are working hand in hand to take care of the kids. My wife also bought co-parenting planner/organizer [link removed] which really is of big help in this process. Hopefully we’ll get things flowing smoothly as planned. Thanks for sharing this! 🙂

  • Robert, the website you recommended is really helpful. I ordered a planner [link removed] which I might get in the mail next week! I am excited to use it. Thanks! All the best!

  • david willis

    I was married in las vegas at 22.. at 31 i remarried someone in ca.. we found out my marriage was still legal in nevada. can i go to jail for this..my now ex wife are filing for divorce and she keeps saying i will get in trouble…

  • Peter

    Mediation is beneficial in both ways: the cost ways and the settlement ways. As the mediator always try to help both the parties and make them settle the deals away from the court and once I was attending a seminar and the Edmonton divorce lawyer told me the benefits of mediation and from then I like mediation and the point which you have mentioned related to the cost is also very effective and important to think about.