Divorce Mediation and Family lawyer - A Non-Adversarial Approach to Family Transition

Divorce Mediation and Family lawyer - A Non-Adversarial Approach to Family Transition

The use of mediation has become widespread in the divorce cases. If a divorcing couple can resolve matters with the help of a neutral third party called a mediator, then they can:

• Save Divorce Litigation Legal Fees
• Avoid the court battle with a former long term partner.

Many states now require couples to attempt to mediate their differences before going to court on certain cases.

Individuals who enter the mediation process often arrange for the advice of a Divorce Lawyers in Los Angeles.

What Is Divorce Mediation?

Mediation is a mechanism in which the parties in dispute decide to select a neutral third party to support them with seeking to find a voluntary settlement. The decision is not made by the neutral third party, and the parties may terminate the process at any time. It is confidential and has no prejudice to it.

In the field of family law, mediation is an effective, non-adversarial method of alternative dispute resolution when parties attempt to resolve separation, custody and access issues, property division, and support child issues. Mediators, however, can not give the couples a divorce; only the judge is allowed to do so.

Mediation provides a less costly, time-efficient, and confidential dispute resolution mechanism for parties. Both parties have to voluntarily consent to this.

Mediation typically takes place at several stages: introduction, gathering of information, private mediator meetings, negotiation, and a final resolution. It can take several mediation sessions before a divorce agreement is reached by the parties.

If the mediation of bridging opposing positions is ineffective, a couple will go back to the more conventional adversarial method through which their attorneys discuss and litigate on their behalf.

Do I need a Mediating Divorce Lawyer? What is the role of a Legal Adviser?

While you do not need to have a divorce lawyer in mediation, talking to one may be a good idea to know exactly what your legal rights are.

You may "give away the farm" if you underestimate the strength of your legal position; on the other hand, if you drive too hard a bargain, you may cause the other party to stand back from the negotiation process.

It's important to be familiar with the state's marital property rules before beginning counselling, how child support is measured, and so on. A lawyer will teach you on these issues.

An attorney can help you in the following ways too:

• Explain mediation rules and procedures
• Help select a mediator
• Get prepared to mediate
• Help you decide which settlements to take
• Review a negotiated deal for lack of clarity or any potential issues.
• Prepare formal divorce paperwork when a mediated settlement is reached.

Advantages of Using the Mediation Process

• The process is entirely voluntary, so you can never have to participate in it. Also, if you decide during the process that you are no longer in a position to participate and would like to engage in arbitration or litigation instead, the process can be terminated without any consequences.
• Mediation maintains and fosters communication among the parties, making their relationship friendly and avoiding hostility. This then reduces tension and encourages the transition on all involved sides, including the children.
• Potentially the most attractive feature of mediation is that it is less costly and timely than going to court to litigate the problems resulting from the partnership breakup.
• If the parties decide to engage in closed mediation, the process is completely confidential,

which allows them to be honest and truthful during negotiations as nothing will be held against them in court or arbitration.

• Instead of putting sole decision-making powers in the hands of a third party, the parties involved maintain the right to take certain decisions. This is especially important in situations where children are involved, as any special needs or circumstances specific to the family may be taken into account in the decisions reached.

While divorce isn't the easy thing to go through, it doesn't have to be that difficult – financially and emotionally – to be respectful with the other side, negotiating when you can and speaking up for what you believe in. Talk to Los Angeles Family Law Attorney to help with the quick settlement.

Michael L. Whitmarsh is the Principal Attorney at Whitmarsh Family Law, PC. He is considered amongst the Los Angeles Divorce Lawyers, with her prime focus areas being Family Law including Divorce