Should You Mediate Your Divorce?

Choosing an approach for your divorce process is not ordinarily an easy undertaking. Certainly, there are some couples who go into the divorce process with such deep-rooted tensions and fundamental differences between them that a contentious process requiring judicial intervention is inevitable. Similarly, there are couples whose priorities are so completely aligned and their vision for a property and asset split (as well as a child custody arrangement, if applicable) is so fully realized that a quick and uncontentious process is inevitable as well. However, the majority of couples navigate the divorce process somewhere between these two polar approaches.

If you and your spouse believe that you can come to a resolution about the terms of your divorce agreement without judicial intervention but you know you’re going to need some help, mediation may be a good option for you.

What Is Divorce Mediation?

As an experienced Alameda County, CA divorce lawyer from our firm can explain in greater detail, mediation involves working through your differences with your spouse with the assistance of both of your attorneys and a third-party neutral. A mediator does not act as a judge, nor as a jury. Mediators help to keep the negotiating process on track and may offer some non-judgmental guidance to all parties involved.

In a mediation session, you and your attorney will likely sit across the table from your spouse and their attorney. All parties will be permitted to speak with one another and to negotiate. The aim is to settle on a resolution to your case without having to battle out your differences in court.

Hybrid Approaches

It is important to understand that you do not have to manage the entirety of your case within the four walls of the mediation room. Instead, you can incorporate negotiation between yourself and your spouse or negotiations led by your attorneys into your broader divorce process. You may opt to start with negotiations and end with mediation as you draw closer to a resolution. Or, you may start with mediation and ultimately decide that it would be better that if your attorneys negotiated with one another so that you and your spouse do not have to deal with one another quite so often and quite so directly. The divorce process may seem rigid at first but there are flexibilities to be taken advantage of yes they work for you.

Legal Assistance Is Available

If you and your spouse have decided to divorce and you’re thinking that incorporating mediation into your divorce process may be beneficial for your needs and priorities at this time, connect with the experienced attorneys at Kempen & Company to explore your options. We can help you to make informed decisions about whether a mediation-centric or a hybrid approach may best serve your interests. No matter which approach you choose to take, we can provide you with the personalized and client-driven support you need as you navigate this challenging life transition. We look forward to speaking with you.