Mediation vs. Litigation

There is a strong assumption by the public that a separation or divorce requires all parties to step into court. The approach of Family Law Del Mar is to present the best options to our clients to resolve a case without the need for contested hearings in the courthouse.
Taking a separation or divorce to the courts is always slower and more costly than reaching an agreement through mediation. There are many significant factors why a mediation first approach should be favored, and why we urge our clients to consider this option strongly before proceeding to court.

Divorce and separation cases that involve minor children are particularly stressful. This stress however is not limited to the parents; even young children understand that their lives are undergoing a significant change. A separation and divorce is difficult enough without adding the potential for adversarial court hearings.

Our experienced Family Law Attorney team meets and confers with our clients to determine what the ultimate goals in their separation or divorce are. A mediation first approach allows clients to transition into a new phase of their life with less stress and financial strain.

In a family law mediation approach an organized and experienced family law attorney is all the more important. The goal in a divorce mediation is to present all issues of the marriage to a neutral mediator who will create a detailed recommendation and agreement to the satisfaction of all parties. Although we urge an earnest attempt at mediation as a first step in any divorce; our attorneys prepare each case in anticipation that it may require a trial for resolution. Issues relating to children, home finances, employment, and marital assets must all be carefully examined and recorded. Preparation and organization prior to mediation are how our office gets the best results for clients.

Something to remember about mediation vs. a court ordered divorce is that the parties can come to an agreement that is mutually acceptable with the guidance of a third party. The judge in a family law court must be neutral and apply the law equally, often with little consideration for the parties true desires or interests. The best mediators can take the time to consider all arguments and evidence presented and get a better understanding of the issues truly important in any divorce.

Speak with our attorney team today to help guide you through any stage of your divorce or separation.