Tuesday, March 2, 2010

Considering Mediation during a Divorce

One of my primary goals when helping a client is minimizing the conflict and cost associated with their divorces. To do this it is important to consider alternatives such as mediation.

If you are considering or are in the middle of a divorce it is important to understand every option you have. As part of your divorce you will be required to resolve child custody, support and how to divide your community property. Mediation may offer its own challenges, but if you are open to the possibility you may find a more personal result at a fraction of the cost.

In recent years mediation has come to play an important role in numerous areas of law including family law and divorce. This was probably inevitable as the courts continues to be bombarded with an unending caseload and court budgets continue to be cut. The courts work very hard to give everybody the time they deserve, but due to a lack of resources and time, judges are pressured to move through cases quickly.

Mediation offers an alternative to this approach which may be impersonal and costly. There will be issues common to most divorces, but there will also be some unique to you. The court will try to understand your case, but they cannot understand the nuances of your family that only become evident after living together for years. This day to day knowledge makes you the best candidate to decide how to meet the needs of your family. Mediation allows you to do exactly that. You can consider the special needs of you and your children to find creative solutions to your custody, support and property issues.

Mediation may not be perfect for every case, but I believe that it should always be considered before moving on to more hostile and expensive methods to resolve your divorce issues.

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