Why mediation may be better than litigation

Spouses who are going through a divorce in California may want to do so with the help of a mediator. Mediation can be an effective way for individuals to express their needs in a timely and safe manner. Typically, it is a less expensive option than settling a divorce in court, and it can be a less traumatic option for any children a divorcing couple may have.

Divorcing couples start the mediation process by divulging any information that could be relevant to reaching a fair settlement. Each party is encouraged to communicate with the other from the beginning, which is why it might take less time to reach a mediated settlement. Typically, the first three months of a divorce trial are focused on discovery, and attorneys generally don't advise the parties to the divorce to speak with each other. Therefore, couples pay more in legal fees than they may need to.

Couples who go to mediation don't necessarily need an attorney at all. However, it may be worth hiring legal counsel to review any agreement reached with the help of a mediator. In some cases, the mediator can refer an individual to an attorney who has experience settling divorces in a collaborative fashion.

Those who are seeking a legal separation or divorce may want to do so with the help of a lawyer. This may be true even if an individual is seeking to settle a divorce through mediation as opposed to litigation. An attorney could provide guidance to those who are seeking alimony, marital property or other resources as part of a final divorce settlement. Legal counsel may also review a deal with the client to ensure it represents a favorable outcome.

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