What are the benefits of Mediation?

What Are The Benefits Of Mediation?
The mediation process is client focused. In mediation, clients determine how long the process will take by how organized they are. The parties, not a judge, control both the process and the outcomes. A party can choose to have an attorney to inform them about the law but the decisions they make are their own. The process takes place in a safe, respectful environment. Mediation focused attorneys recognize that parties have an interest in maintaining respect after the process is complete.


How Is Mediation Different From Litigation?

In any litigated divorce, your attorney starts a lawsuit against your spouse. This is automatically a win or lose proposition.  Because mediation is focused on win-win solutions, any negotiations are usually carried out under the threat of additional litigation. 

Most divorces are eventually settled out of court, but how the parties get there are influenced by what the parties think the judge would do at trial. Some divorce actions are resolved only after a trial, with the judge making the final division of assets and the post-divorce plan for the parties and their children.

Is mediation right for me?

·       Are you and your spouse committed to a process that relies cooperation and compromise?
·       Do you want to limit the effects that litigation will have on minor children?
·       Do you want to jointly decide on a post-divorce plan, rather than have a judge decide how you will divide your marital assets and care for your children?
If you answered yes to the questions above, then Mediation is right for you. 

How does Mediation benefit children?

Experienced Bay Area divorce attorneys will tell their clients that in a mediated divorce, both parents agree to work together to do what’s best for their children. This means they cooperate to make a plan for how each parent will be involved with their children and how to make decisions as circumstances change. The parenting plan is often based on needs of the and it has a better chance of success.