Mediation is a confidential, voluntary process in which participants discuss their needs and concerns. With the assistance of a mediator, using problem-solving techniques, they agree on the issues and create their own solutions. Mediation allows parties to decide what’s important and, ultimately, what’s the best outcome of the dispute.
Although the benefits vary depending on the nature of the dispute and the mediation model used, the following are some common benefits.
Divorce litigation costs much more than mediation. On average, divorce litigation costs each spouse $35,000 in legal fees, and the majority of couples spend more. All of our services come with a flat rate upfront. Mediation also saves time. It can be completed in one or several sessions, unlike litigation, which often takes years to complete.
In spite of your best intentions, children often become involved in litigation unintentionally, which can be stressful for the whole family. The mediation process is designed to minimize conflict and create a peaceful environment for you and your children. If you are stressed or anxious, your children will feel the same way.
While most people value their families’ privacy, anything placed in your court file becomes a public record, even when you divorce. During court proceedings, you may encounter private matters from your marriage, and those matters may become public records during litigation.
Mediation is not recorded in the public record. Sessions are confidential and privileged, so the parties cannot refer to events or statements in the future because everything inside the mediation room is kept confidential. Many litigants are shocked to find that all their financial information is made public as a result of the divorce litigation.
At San Diego Divorce Mediation and Family Law, Scott Levin values neutrality above all else. We guarantee that your mediator will not take sides or make any decisions for you or your spouse. You will get information about relevant legal topics from the Mediator, you will be able to share information with each other, and you will be able to become well-informed about the law. All decisions, however, are yours and your spouse’s and we won’t favor one party over another or any particular plan or method.
In mediation, the parties decide when the sessions take place. This means you don’t have to miss work or other activities as you would in litigation at the mercy of the court’s calendar.
You and your spouse will receive counsel and advice from your mediator and advisors. Ultimately, all decisions will be made by you and your spouse. Contrary to litigation, where you surrender control and the judge decides the issues, mediation keeps you in control and empowered to make decisions about your divorce or legal separation.
Mediation’s self-determination often corresponds to higher aspirations for individuals and businesses. For most people, it’s an easy decision between choosing where their kids will live or letting a stranger tell them what to do with their lives.
There are many compelling reasons to mediate disputes. Moreover, mediation rarely has any serious downsides. In this era of discovery-driven litigation, the old “trial by ambush” days of civil litigation are becoming increasingly a thing of the past. However, some may be reluctant to “put their cards on the table.” Mediation works because it focuses on the parties’ own interests and agendas, and it allows you to move beyond disputes efficiently and chart their own course.
Find your peace & move forward