We are often asked “How does family law mediation work in a Carlsbad divorce?” The mediation process begins with the selection of a qualified mediator. Look for an experienced mediator who has a strong track record of success within family law mediations as well as a thorough understanding of family law and how it is administered in our Family Courts here in Carlsbad.
Once a mediator is selected, the parties meet with the mediator to discuss ground rules and the manner with which the parties and their representatives are to conduct themselves. Mediation is ultimately designed to be a constructive and cooperative environment which protects both parties from emotional confrontation.
The mediator will work between the parties to understand the issue(s) which require resolution and the initial position of each party. This often includes, but is not limited to child custody and parenting time, issues of child support or spousal support, business ownership and/or retirement account division.
An effective mediator will work to ensure both parties understand the other’s position as well as applicable law. The mediator facilitates a conversation of give-and-take, providing practical insight based upon their own experience and legal expertise.
How well does family law mediation work in a Carlsbad divorce? In most cases the parties are able to resolve at least some if not all of the issues in dispute. The parties themselves and their counsel are free to propose alternatives and creative solutions to help resolve the issues.
In many cases, your mediator will help to teach the parties new skills which help to not only facilitate a more productive mediation, but to provide a sound foundation for working through challenges in the future.
Mediation is a an excellent option during a divorce as it provides confidentiality and privacy. When you litigate issues before a local judge the proceedings and all associated information is in the “public record.”
Mediation is a private and protected environment. Most couples work through as many areas of dispute as possible, seeking to reach agreement on most or all of the items contained within the marital separation agreement.
Research has consistently shown that agreements reached in mediation result in a much lower rate of post-decree litigation than those imposed by a judge during divorce litigation.
If you have questions about mediation or seek experienced proven Carlsbad Certified Family Law Specialists we invite you to review the comments and recommendations of our clients and contact us or call 760-434-3330 to schedule an appointment.