Westlake Village Mediation Attorney

How could mediation help me resolve my divorce?

Many people in the Thousand Oaks and Westlake Village communities have approached us and inquired about the possibility of mediating their divorce case, rather than litigating it in the court system. Mediation is a process by which the parties agree to come together and allow a neutral mediator to preside over their divorce case to assist the parties to come to an agreement without the involvement of the court. 

What Is Divorce Mediation?

Mediation is an out of court alternative to resolution of a divorce case.  It puts the parties in direct control of the dissolution process.  They choose the mediator, they determined the governing “rules,” and they make the ultimate decisions because they must agree (through compromise) to all results.  A mediator can help to facilitate better communication between the parties and encourage them to state their true goals in an effort to reach a mutually beneficial solution. Unlike a judge in traditional litigation, or an arbitrator in arbitration, a mediator does not “decide” the parties’ disputes.  Instead, the mediator acts simply as a neutral, overseeing negotiations between the parties and attempting to bring about and seal a meeting of the minds.

Why Choose Our California Divorce Mediation Lawyers?

At Richard Ross Associates, we understand the benefits of choosing the mediation process to resolve a couple's differences. Mediation can save money and time, and also preserve any goodwill remaining between the parties, as the process necessarily requires the spouses to work together in crafting a mutually agreed upon child custody and marriage settlement agreement. During the mediation, the parties do not have to appear in a courtroom before a judge. They are free to have legal counsel during the mediation process and can decide to move to the court litigation process at any time, if they feel that the mediation process has not been and will not be beneficial.

When is Divorce Mediation Not Recommended

Divorce mediation is generally a constructive and cost-effective approach to resolving disputes in California. However, there are scenarios where divorce mediation may not be recommended or suitable.

• High Conflict: If the level of conflict between spouses is extremely high, mediation may not be effective. Mediation requires a willingness to compromise and collaborate, which may be challenging or impossible if emotions are too intense.
• Domestic Violence: In cases involving domestic violence or abuse, mediation is often not recommended. The power dynamics and fear involved can make it difficult for the abused spouse to voice their concerns or negotiate freely.
• Substance Abuse or Mental Health Issues: If one or both spouses are struggling with substance abuse or serious mental health issues, mediation may not be appropriate. Such conditions can impair the ability to make sound decisions or engage constructively.
• Hidden Assets or Deception: Mediation relies on transparency and honesty. If one spouse suspects the other of hiding assets or being dishonest about financial matters, litigation might be a better route to ensure proper disclosure.
• Imbalance of Power: If there's a significant imbalance of power between spouses – for example, due to vast differences in financial knowledge or language barriers – mediation might not lead to a fair agreement.
• Unwillingness to Cooperate: If one spouse is uncooperative or uninterested in reaching a fair resolution, mediation may be futile. Both parties need to be committed to the process for it to work.

It's important to consult with a qualified divorce attorney to assess your specific situation. They can provide guidance on whether mediation is appropriate or if alternative methods, such as litigation, would better serve your needs and interests.

The Benefits of Mediation in Divorce

Mediation can be much less costly than the traditional court divorce procedure, and often can resolve the issues within months, as opposed to a year or more in the court system. If you have children, it is important to realize that the option of mediation can benefit them inasmuch as it often keeps them out of the cross-fire because it engenders cooperation between you and your spouse and reduces friction and stress. We are always happy to answer your questions and assist you to come to a decision about whether mediation as an option that is right for you. Call our law firm today to schedule a consultation to discuss if mediation may be right for you and your situation, or for a first interview to initiate the process.

Consult with Our Thousand Oaks Mediation Attorneys Today

Going through a divorce can be emotionally taxing and overwhelming. If you're in the beginning stages of the divorce process, it's worth considering the benefits of divorce mediation. Choosing a more peaceful option can be less stressful and more financially affordable. Contact us to schedule an appointment with our Thousand Oaks mediation services.