Providing Divorce Mediation Services Throughout California
Providing Divorce Mediation Services Throughout California
You may have heard of divorce mediation from a friend TV, or the San Jose community.
Reach out to find the best solution for your divorce with trusted professionals.
Divorce mediation and litigation are not the same in California. There are key differences you should be aware of including costs, timing, and control.
Mediation is faster and cheaper than divorce litigation, and you and your spouse are making the decision jointly, together. Mediation also is more likely to result in a high-quality agreement that is tailored to the parties.
Litigation is slow, much more expensive than mediation, and the outcome is determined by a judge. The outcome is typically more cookie cutter than customized. Both processes will result in a fully enforceable divorce judgment.
Knowing the differences of mediation and litigation is important to determine which process makes sense for your particular situation. Want to discuss which option is right? Schedule a free consult with Dina Haddad, divorce attorney mediator and California’s selected Super-Lawyer.
When going through a divorce in California you should be aware of the differences between mediation and litigation to choose the best path for you.
Divorce mediation is a non-confrontational option that has a neutral professional assist you and your spouse in reaching agreements together.
When working with a divorce mediator that is an attorney, parties are more likely to achieve a high-quality agreement that is tailored to their needs.
More often than not, parties mediate without attorneys. If they do have an attorney, the attorney is in a consulting role and assisting the party in the background. If mediation is not successful, you will still be able to proceed with litigation.
What is litigation? Divorce litigation is the traditional legal process that involves having a judge decide your case following court hearings and oral argument from attorneys.
Divorce litigation can be more adversarial and usually takes a longer time to resolve. Litigation does not require attorneys. A party can be self-represented. However, the family court is very tricky and can be very difficult to navigate without an attorney.
Understanding these eleven differences between divorce mediation and divorce litigation will help you know which divorce path is best for you in California, based on whether you want to resolve your issues collaboratively or allow a court to be involved.
Divorce mediation and divorce litigation take different paths that affect the structure of each process, how hearings or meetings work.
The divorce mediation process is uncontested and straightforward, and here’s what you can expect:
In simple words, mediation is more informal, collaborative, and allows for greater custom process, while litigation is formal, court-driven, and can be long and tedious.
Mediation usually happens over the course of a few weeks to several months, depending on how well you and your spouse negotiated the path forward. You mostly have control over the schedule; however, if there are disagreements, this could delay the mediation process.
Litigation takes a year or more due to a backlog of cases that court may have and/or procedural delays, especially if it is contested divorce. The timeline for litigation is not up to the couple and depends on the court’s schedule.
Generally, mediation is less expensive because it is predictable and the cost of divorce is equally shared between you and your spouse. Mediators usually charge hourly or per session rates so the expenses are predictable and identifiable. For this reason, couples may utilize mediation to avoid the costly and unpredictable fees that are generally associated with litigation.
In litigation, each party hires their own attorney and pays their own court fees that are separate from their attorney’s fees. Hence, the costs can add up quickly for each respective party and the costs only continue to increase if the case takes multiple court dates to resolve.
A divorce mediator can be an effective, neutral party by assisting you and your spouse communicate and work toward a mutually agreeable settlement.
Some divorce mediators like Dina Haddad, Samira and Elizabeth at Families First Mediation can also guide you through the divorce checklist, filing divorce papers, and ensuring all processes are followed efficiently and correctly.
Meanwhile, divorce attorneys are advocates for your personal interests, giving you legal advice, negotiating on your behalf, and defending your rights in court if necessary.
They also are limited by strict court rules and procedures, which they must follow. These rules are important, but also slow down the legal process and cost the party money.
Divorce mediation is a private and confidential process. Everything that is said and done stays between you and your spouse and the mediator. This privacy gives you the ability to share possibly sensitive information without concern of it going public later.
Divorce litigation, on the other hand, occurs in a courtroom and everything that is in the filed pleadings and hearings becomes a part of the public record. This means that anything personal or financial that you disclose during the litigation process can be viewed by the public.
Divorce litigation often results in a lot of emotional stress because of its adversarial nature, strict timelines and allegations.
Litigation increases anxiety and hostility in an already difficult process of separation or divorce. Research shows that contested cases have more emotional tension that makes resolution more difficult.
In contrast, the biggest benefit of divorce mediation is that it’s less stressful, as it provides a voluntary, non-adversarial process where spouses work together, learning and exercising their communication skills for a more peaceful resolution.
Divorce mediation is more appropriate in situations where the parties can effectively communicate in a respectful and collaborative manner. Mediation is not appropriate for those in dangerous relationships like domestic violence (or abuse) as the weaker party may not be able to negotiate out of fear.
Such situations are where litigation is necessary. This method offers formal protection, including restraining orders and court-supervised arrangements, which will provide safety as well as legal obligations that mediation cannot provide.
Mediation helps facilitate dialogue and cooperation, making it more conducive for maintaining ongoing relationships, particularly for couples with children.
It is focused on your child’s needs and interests, which leads to higher rates of compliance, since you and your ex-spouse put the agreement together.
On the other hand, the compliance rates for agreements made in litigation tend to be lower because decisions made by a judge can generate animosity, conflict, and difficulties in co-parenting after intense custody disputes.
Mediation achieves customized, solution-based agreements that are specifically suited to the needs and circumstances of your family. Mediation excels for complex asset division. Mediation is truly needed for those with complex cash flow structures such as:
Litigation only results in standard court orders and sometimes does not take into consideration the uniqueness of your family situation and often fails to find the hidden solutions in complicated asset structures. In many respects, this makes your outcome inflexible and may not satisfy all parties.
Divorce litigation has a mandatory discovery process that involves the formal disclosure of all relevant financial and personal information. It involves the exchanging of documents like income, tax returns, bank account statements, etc., through subpoenas and court orders.
Mediation relies on the voluntary disclosure of information by the parties in order to reach a resolution based on trust and cooperation. This means that mediation will not be as formal as litigation, and it carries a measure of risk if either party, particularly one with a concealed interest, chooses not to disclose relevant information.
Mediation allows you and your spouse to remain in control of the final decision(s) because you are jointly seeking a mutually agreed-upon settlement in the presence of a neutral mediator. The three possible outcomes of mediation can be a complete agreement, partial agreement or no agreement at all.
Conversely, divorce litigation gives the decision-making authority to a judge, who will issue legally binding orders with limited control over the outcome. Therefore, mediation is often better if you wish to maximize control and cooperation in your divorce.
Divorce mediation and litigation differ across key areas, impacting your experience and outcomes.
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Aspect
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Divorce Mediation
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Divorce Litigation
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|---|---|---|---|---|
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Time
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Typically a few months; flexible schedule.
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Often years due to court backlogs and procedures.
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Cost
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Lower, predictable, shared by both parties.
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Higher, unpredictable, each party pays their own legal fees.
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Privacy
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Private and confidential.
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Public court records; proceedings are open.
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Stress
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Lower; cooperative and non-adversarial.
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Higher; adversarial with strict deadlines and conflict.
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Final Outcome
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Personalized and mutually agreed.
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Standardized court decision, judge makes final call.
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Future Relationship
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Better for co-parenting and communication.
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Often leads to resentment and ongoing disputes.
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Role of Professional
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A neutral mediator facilitates settlement.
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Lawyers advocate for clients, often adversarial.
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Speed
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Usually faster due to less formal processes.
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Slower, subject to court scheduling and formalities.
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Knowing these differences helps you choose the best path for your divorce.
Mediation is suitable for couples that are able to communicate respectfully and want a faster, cheaper and cooperative option that focuses on maintaining the relationship and children’s wellbeing.
Mediated divorce is also ideal for parties that have complex financial assets and need a customized and creative solution. However, mediation is not recommended for domestic violence or abuse situations or if one party refuses to negotiate in good faith.
On the other hand, litigation is better suited for these high conflict situations. Litigation offers better forms of legal protections, enforceable court orders, and decisions from the judge regarding decisions that parties can’t agree to or have complex issues.
The right option for you depends on whether safety is an issue, you and your partner can cooperate effectively, and whether you want to control the outcome.
Divorce mediation is an efficient, low-cost way to settle your divorce, allowing you to do it from home while saving both time and money compared to costly public litigation proceedings.
How you choose to divorce greatly impacts your emotional well-being and finances. Fortunately, Families First Mediation, a leading divorce mediation service in the state of California, allows you to navigate the divorce process at your own pace while avoiding the courtroom. Take control and have a smoother divorce. Book a FREE DIVORCE MEDIATION Consult with our expert mediators today!
Divorce mediation is preferable because it is private, a cheaper option to resolve divorce issues in a joint fashion, and is faster. Mediation allows couples to control their outcome, and have less emotional distress than in the formal adversarial processes of litigation.
Mediation also results in a high-quality and creative agreement. This is particularly useful for those with complex financial assets or cash flow, including employee stock benefits, patents, creative rights, small businesses, or privately held equity.
The most significant disadvantage to mediation is that both parties must cooperate and effectively communicate, which may not always be possible. Mediation may not be suitable for all situations, such as those involving violence or complex legal issues.
Mediation is almost always a better option whenever both spouses are committed to resolving the divorce peacefully, want to save time and money, and value privacy.
Litigation is only necessary when there is an inability to reach an agreement, there are safety concerns, or if the case has complicated legal issues that require court involvement.
The biggest reason mediation fails is when either party refuses to cooperate or negotiate in good faith. Mediation may also fail if there is a substantial power imbalance, abuse, or lack of trust.
Typically, mediation will take a few weeks to a few months, depending on how well the parties get along, their flexibility in scheduling, and if they agree to continue to work together towards a full agreement.
Mediation is generally much quicker than litigation, which can take several months or years and is often delayed by court schedules.
The hardest part of mediation is open and honest communication, as both spouses must work collaboratively to resolve emotionally charged issues.
Overcoming mistrust and balancing power dynamics also present challenges that can hinder reaching a full agreement. To combat this issue, use a strong attorney-mediator that has a solid process to get you from start to finish.
