A Review of Mediation: When Does Alternative Dispute Resolution Make Sense?

Family Law AttorneysYear after year, client after client, it becomes more apparent that alternative dispute resolution such as mediation carry major advantages. At R & S Law Group, LLP, we always emphasize legal strategies that best protect our clients and their loved ones. Mediation is often one of our top suggestions given how much it benefits everyone involved, but there isn’t a simple solution to all divorce cases.

Today, we want to go over the pros and cons of mediations to help you assess whether this is a legal strategy that makes sense within your specific situation. Of course, we also invite you to call us directly at 949) 825-5245, where you can connect with one of our experienced attorneys. 

Mediation Pros

 

  • Significantly lower expenses: Mediation involves less legal professionals and can be resolved outside of the court. What this translates to is cheaper proceedings that could save you a ton of cash. 
  • Increased privacy: Since this is not a courtroom proceeding that will include a public record, this means that everything that occurs during mediation stays between the involved parties.
  • Shortened timeline: Mediation can greatly speed up your divorce, especially if you’re willing to work with the ex and vice-versa. In many cases, mediation can be wrapped up with just a few hour-long sessions, and the entire process can be a matter of weeks as opposed to months.

 

Mediation Cons

    • It doesn’t work unless both parties are committed to cooperation: You need both parties working together in order for mediation to be successful. We’ve seen situations where someone goes along with the mediation process, but once inside the mediation itself is unwilling to compromise, further drawing out inevitable court proceedings. 

 

  • Neither party can be compelled to offer financial information: Unlike in court proceedings, the other person can’t be forced to give up information, so you need to ensure you can trust each other. If someone is trying to hide assets, mediation is not going to help the other person uncover this. 
  • Mediators don’t protect your interests: Remember, a mediator is there to act as a neutral party. This means that he/she will not be able to counsel you on whether or not you’re getting a good deal. You can mitigate this by ensuring that you still recruit your own legal counsel even when going through alternative dispute resolution processes.

 

Learn More By Consulting with a Skilled Divorce Attorney in CA

For more information on mediation, and on any other matter involving family law in CA, know that you can count on us at R & S Law Group, LLP. 

Give us a call at (949) 825-5245 to book an initial consultation at no charge to you.