Divorce mediation is an alternative to traditional litigation. A San Diego divorce mediation lawyer is a neutral third party who acknowledges your emotional and practical concerns, while helping to negotiate an agreement between you and your spouse. We work with both parties to resolve key issues, including visitation, child and spousal support, custody, property division, and debt. At the end of this process, our office creates a settlement agreement for your divorce. A divorce mediation may take one or more sessions in order to fully address all provisions in the agreement.
We believe that divorce mediation is the way of the future. Based on our experience, couples are generally more willing to comply with a solution they have agreed to themselves rather than having a third party dictate how they will conduct future important aspects of their lives. Mediation can also provide a sense of closure to a relationship which has gone sour. The process of divorce is one of the most difficult times in life, and finding the energy to work towards a mutually cooperative agreement is sometimes impossible.
We aim to help both parties work through the legal issues so that, on a going forward basis, they can reasonably co-parent their children and divide their assets in an atmosphere that is cooperative with a professional who helps to deflate the emotions. Mediation avoids the conflict of “you vs. me” polarization of the court system because the divorce agreement is worked out and mutually agreed upon by both spouses. Divorce mediation focuses more on solutions and the future. It is not intended to bring you and your spouse back together. The process of mediation helps draw up a plan for living apart; the mediator’s job is to help each of you get on with your lives as separate individuals.
Mediation is a confidential, practical and effective way to resolve problems with the help of an impartial third party such as a San Diego divorce mediation attorney. It is a non-adversarial, informal and flexible approach to conflict resolution, where the parties generally communicate directly; the role of the mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute and generate options for settlement.
Unlike a judge, commissioner, or arbitrator, decision making authority does not reside with the mediator, but rather with the parties seeking to resolve the dispute. The Courts may sometimes divide your belongings together 50/50 and overlook the personal or emotional value of specific items. Both parties are directly involved in the negotiation of the settlement, which also enhance the likelihood of continuing a civil relationship between both parties by using mediation. The agreements reached by the parties are incorporated into the divorce judgment and become an Order of the Court. Mediation, particularly in a family law setting, provides a viable option for those who prefer to stay out of Court, but does not take away your right to take your case to Court or Trial if mediation breaks down.
Other potential advantages of mediation include:
If you are in need of mediation, contact Garwood Family Law and Mediation today at (619) 627-0274 for a free consultation with one of our skilled San Diego divorce mediation attorneys.