Mediation services help people who are facing a divorce stay out of court. Mediation is a voluntary settlement process emphasizing informed decision-making and mutually acceptable agreements.
- The difference between mediating an entire divorce and going to family court is the difference between finding an agreement-based transition versus an order-based end.
- People would rather find their own solution than go to court and have a judge order them to do something.
- People would rather share information than respond to demands and be cross-examined.
- Many states require that the husband and wife go to mediation for the entire case. In California the law requires only that they mediate child custody and visitation arrangements.
- Statistics show that sixty percent (60%) of these disputes may be resolved in mediation.
The problem: Typically a person sees their unhappy marriage, seeks a consultation, and is walked into family court for an Order to Show Cause hearing with no attempt at all to settle the matter before filing a lawsuit against the other spouse. At the end of the OSC they are more angry than ever.
In family court the spouses try to get their way by cutting down each other and howling, “Lie, lie, lie. He/She is hiding money and bad for the kids.”
The “family court mindset” of both husband and wife is that it is ok to rack up $5,000 to $10,000 in legal fees because the judge will order the other side to pay them all. In reality, the judge will order the community estate to pay both the lawyers’ bills at $10,000 to $20,000.
Mediation begins with an agreement that each spouse shall not file a lawsuit against the other spouse. Mediation concludes with an informed agreement on the future.