Through the many chances of conflicts in the divorce process, most of the spouses are overwhelmed by decisions on the best way to end their relationship. Those who fear to testify before a judge may find the issue of mediation being more favorable. Mediation is a method frequently used for coming up with a divorce settlement since it is faster and cheaper. This is true, as mediation serves as a substitute for having the divorce in court. If you’re thinking about mediation, it’s better to consult a divorce lawyer Chula Vista to ensure mediation is a viable option for you.
Why Use Mediation To Negotiate A Divorce Settlement?
For a successful mediation, both parties must be in agreement to have a mediator. However, they won’t have the mediator make decisions for them; he/she is a neutral being who is there to help them come up with a resolution based on what seems fair for their divorce. This mostly favors uncontested divorce. Meaning, if your marriage wasn’t based on violence or abuse, then, you can be assured to benefit from the below if you choose to have a mediator:
- You have all the powers to control the situation, and the outcome in the mediation process: There are no uncertainties as to how your financial or parenting life will be after the divorce.
- There are no statutory time limits for mediation; you can work on your divorce as long as you wish. However, this may be a disadvantage since the more time spent, the more expensive the mediation becomes.
- The money and time spent through mediation are much lower compared to when you would have gone to court.
- Your opinions are respected, unlike when you could have stiff legal principles executed on you.
A mediated divorce is easy only if both parties are willing to negotiate ideas on how to settle. However, this doesn’t mean that you can’t have your divorce finalized in court if you wish.
How To Choose A Good Mediator
Not every mediator is worth discussing your divorce case. And since you can’t select a good mediator by looks, you need to do some research. Below points may enhance your search to get a good mediator:
- Through referrals, choose a mediator who is experienced in your subject matter: You may have a mediator who is experienced in general practice, but doesn’t have what it takes to deal with disputes arising from children or alimony in a divorce.
- A mediator who is willing to work with a lawyer: In some cases, a mediator may require both parties to sign agreements such as confidentiality agreements. A lawyer may help you have a better understanding of these documents and also make them look legal.
- A mediator who you feel comfortable working with: A few face to face interactions or phone calls can be enough to know whether you can be comfortable working with that mediator.
If you and your spouse have agreed to solve your divorce issues together, mediation could be the best option for a successful divorce settlement.