What is Mediation and Co-mediation?
Mediation is a process where a neutral third party, the mediator, uses a structured process to help couples resolve the dissolution or legal separation of their marriage. Unlike a judge or arbitrator, the mediator does not decide how the issues should be resolved. The couple, not the court determine the terms of their Settlement Agreement and time share of their children. This mediation process can also be used in cases involving custody and visitation issues alone.

Co-Mediation involves two mediators that offer a gender balanced and professional background equilibrium to mediation. In our Co-mediation, we have a skilled lawyer and mental health professional with a male/female balance, to assist clients in moving through the legal and emotional issues of divorce.

Why is divorce mediation a better alternative than a contested divorce?
Mediation is a less stressful, non-litigating and a more peaceful resolution to ending your marriage. It allows you, the clients, to stay in control of the process rather than the court system.

Having an experienced mental health professional and attorney working together, allows the focus of your divorce to be on the important concerns of you and your family and not just about what is required by the law. Mediators are neutral in the process which accommodates and facilitates the couple to work out a solution that works for themselves.

What are some benefits of mediation?
During a contested divorce, each party hires their own attorney and a situation is set up where it is an “US” vs. “Them”. “Your” attorney talks to “My” attorney and the mis-communication begins. Co-mediation allows for you to be in the room, with your spouse and 2 neutral mediators specializing in law and emotional process to help you work out you settlement. Your team of professionals helps you to resolve the issues in a manner that work best for you.

Why is mediation more cost effective?
Normally in divorce, a great deal of time is spent with attorney’s talking to each other, attorney’s talking to their clients, attorney’s clarifying the issues and going back and forth. This all takes time and money. There is also a lot of time spent with attorney’s going to court, scheduling hearings, and waiting for hearings to begin. Sometimes attorney’s get involved in the emotional aspects of divorce as well. Often this approach offers very little in terms of results. The mediation process accelerates the communication and stream lines the process because the parties are directly attempting to resolve their issues outside of court.

 

 

 

 

Copyright 2006 Divorce Mediation OC

 

 

Are there any risks involved with mediation?

• As with any form of dispute resolution, divorce mediation involves some risk.
  
  
• In order for the couple to make good agreements, both parties need to provide adequate and accurate information. If there is a concern that one party will not be forthcoming with information and mediation may not be best suited for you.
  
  
• Mediation may not be a good choice if there is an imbalance of power in the relationship. An imbalance of power could include things such as domestic violence, threatening or intimidating behaviors or financial sophistication of one partner over the other.
  
  
• If there is a history of mental illness or substance abuse that affects the parties daily, other alternatives for divorce may need to be considered.
  
  
• There is also the possibility that you are unable reach a mediated resolution to your divorce or family issues.