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Experienced Orange County Divorce Mediation Attorneys

Under the right set of circumstances, mediation of an Orange County divorce may be a very successful and cost effective way to resolve conflicts in a high net worth or more traditional divorce. However, mediation is not the right solution 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 for resolution of an Orange County divorce.

Michael A. Morris

Mediation of an Orange County Divorce Can Present Complex Challenges

A divorce is a financial transaction – a division of a financial partnership. A mistake made in the divorce, whether high net worth or traditional, 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 option for an Orange County divorce.

Care should be given to protect against on spouse attempting to use mediation to delay the divorce, 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 of your Orange County divorce.

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 part of your case, or even your entire case, whether high net worth or more traditional divorce through reasonable, good-faith negotiations between  divorce lawyers.

The key is for both parties to retain an Orange County divorce lawyer who have an interest in reading an agreement versus having a trial.

Frequently Asked Questions About Family Law Mediation in Orange County, California

The trusted family law firm of Minyard Morris has served the people of Orange County for nearly four decades. Our team of 19 attorneys helps clients with all aspects of family law and divorce, including mediation. We find that mediating a dispute often helps people find positive compromises to difficult problems without having to go to trial. With our extensive experience representing Orange County clients in mediation, we can answer the many questions you likely have about the process.

What does the mediation process look like?

In mediation, each party sits down with a neutral mediator to discuss their issues. Parties may each consult with their individual attorneys outside of mediation regarding the terms discussed in these sessions, but these attorneys are not allowed at the mediation sessions themselves. Most family law mediators are attorneys who work at firms not connected with either party or their counsel. In mediation sessions, the mediator helps both sides work through issues such as spousal maintenance, child custody, asset division and other crucial issues to find mutually beneficial solutions.

What are the benefits of mediation?

Compared to traditional litigation in which both parties appear in court before a judge, mediation has many benefits. For instance, mediation can:

  • Save money
  • Save time
  • Maintain amicable relations
  • Preserve privacy
  • Retain your control over the outcome

With so many benefits, you can understand why it is a popular option for many couples who are going through a divorce, custody dispute or other family law challenges. However, mediation only has benefits when it results in an outcome. Mediation is not always a win-win solution, and if you need to pursue litigation after these sessions then mediation may end up being a waste of time and resources.

Is mediation a good fit for me?

Not everyone would benefit from family law mediation. However, it might work for you and your spouse if:

  1. You are able to cooperate and compromise
  2. You do not need to “win” the divorce “battle”
  3. You are both ready to dissolve your marriage
  4. You are both willing to share custody of your children
  5. Your relationship did not involve domestic abuse
  6. You have a fairly equal share of your finances

You can take a look at our comprehensive list of criteria that can help you determine whether mediation is right for your situation.

What if I try mediation but it doesn’t work?

There are some circumstances in which, even with the best of intentions, one or both parties cannot reach a resolution through mediation. If all efforts at alternative dispute resolution falter, it might be time to proceed to trial. In a trial, your counsel represents you before a family law judge. The judge issues a ruling on your family law issues.

Where can I learn more about mediation?

We have written a cohesive, completely free Guide on Family Law Mediation in the state of California.

Contact Our Orange County Mediation Lawyers

Before actually agreeing to mediation, discuss the issue with one of our a divorce attorneys 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 Orange County divorce. Call 949-724-1111 and speak with a member of our team. You can also reach out to us online.