When Divorce Mediation Is The Right Choice

Under the right set of circumstances, mediation may be a successful way to resolve conflicts in a divorce. However, mediation is not for everyone. Mediation entails potential and serious risks and pitfalls. Mediation is not a good choice for couples who have a history of deceit, control issues or violence. But it is a viable option for couples who trust one another, who agree on the definition of “fair,” agree to obtain a divorce and who both seek to find a resolution in the most expeditious way possible.

At Minyard Morris, attorney Michael A. Morris uses his extensive experience to serve as a mediator or a mediation consultant for clients throughout Orange County. When mediation is the best option, he supports clients who wish to pursue this avenue of resolution. At the same time, if he does not believe mediation will serve your best interests, he will not recommend it in your case.

Divorce Can Present Complex Challenges

A divorce is a financial transaction – a division of a financial partnership. A mistake made in the transaction may have long-term and devastating consequences that are irrevocable. Many people mistakenly believe that mediation is always quick and cost-effective because there are no lawyers involved and no trial is needed. However, mediation can and does fail. In these instances, attorneys and a trial are needed in order to resolve the case. If mediation is unsuccessful, costs increase, as does the time investment required to attain a successful dissolution.

To be clear, for good mediation candidates, mediation is an attractive concept.

One spouse may attempt to use mediation to delay the inevitable, either for emotional or financial reasons. Mediation is about negotiation. If one party is a superior negotiator or holds a disproportionate amount of power in the relationship, mediation can create a significant advantage for that party. If you believe mediation is the correct option for you, always seek the guidance of a mediation consultant before and during the process.

Although the thought of divorce litigation conjures up fears of a long, drawn-out process and excessive legal fees, a skilled divorce attorney can generally move a case efficiently and strategically through the legal process. Forgoing mediation does not mean that you cannot settle major aspects of your case, or even your entire case through reasonable, good-faith negotiations between the divorce lawyers.

Discuss Mediation With A Divorce Attorney

Before agreeing to mediation, discuss the issue with a divorce attorney who can offer insights into the process and help you prepare. At Minyard Morris, we understand that mediation is the best option for some people. We can help you ascertain whether it is the right choice for you and your situation. Call 949-652-2770 and speak with a member of our team. You can also reach out to us online.