Mediation as an Effective Tool in Divorce

Pierre Domercq Mediation

What is mediation and why is this an effective tool to consider during a divorce. Mediation is a non-confrontational environment where a neutral impartial experienced mediator works with the parties separately and together along with their attorneys to identify core issues within a dispute, find common ground, identify potential solutions and ultimately craft an agreement based upon their work together.
When should you consider mediation? The first and most important concept to understand is all issues associated with your divorce in North County or Carlsbad must be completely resolved before the judge can and will finalize your divorce. This includes child custody and parenting time, spousal support, child support, the division of community property, retirement accounts and pensions as well as the division of any marital interest in a business or professional practice.
The first method for resolving all of these matters is discussion and or negotiation between the parties. The attorneys at Burke & Domercq, LLP work constructively with our clients and opposing parties to resolve differences and reach agreement. If the parties cannot reach agreement and wish to litigate the matter(s), they will first be required to attempt settlement through mediation.
The benefits of mediation are extensive. The cost of mediation is often much less than the cost of litigating the matter before the court. It will also require much less time while allowing the parties to maintain complete control over the matter.
Once the matter goes before the court the parties must allow a total stranger, the judge or magistrate, to impose a decision upon the parties. In most cases neither party is fully satisfied with this outcome. It is also important to note that many studies have shown that decisions imposed by a judge are much more likely to result in expensive and time consuming post-decree litigation than those which are reached by the parties themselves or through mediation.
Daniel Burke has been a Carlsbad family law mediator since the 1990’s. The partners of Burke & Domercq, LLP both have decades of experience representing clients before Carlsbad family law courts. We invite you to review the recommendations of our clients and contact us or call 760-712-3741 to schedule an appointment.
Learn more about mediation and whether it would be an effective tool for your divorce.