Divorce Mediation in La Jolla
A Less Adversarial Approach
Mediation can be an effective way to make important decisions in a divorce or child custody dispute. Whether you are required by the court to attend mediation or prefer to find a more peaceful way to resolve your family law issue, Dan McCandless Law, APC can help. Our La Jolla mediator offers a full range of services to help each client find the best way to resolve his or her legal matter.
If you are interested in the mediation process, call (858) 266-9171 to discuss your options.
What Are the Benefits of Using Mediation in Divorce?
In California, mediation can be court ordered or voluntary, depending on the situation. In child custody disputes, mediation is required before going to court. The intent of the law is to reduce hostility and enable parents to reach an agreement that works for both the parents and the children.
Mediation offers additional advantages, including:
- A potentially faster resolution
- Greater control over the process
- Lower costs
- Preservation of relationships
The control the parties have over the process and outcome is a significant advantage and reason many people choose mediation, even when it is not required by law. Unlike arbitration or a court order, nothing will be imposed on either party. You and your ex-spouse will come to an agreement in a process that is directed by a trained mediator. While your attorney cannot be present for mediation sessions, each party can consult with a lawyer before and during mediation to ensure that your rights and interests are protected.
Navigating the Mediation Process
The idea of mediation is to help the parties reach an agreement. In a custody dispute, the focus will remain on custody and visitation, not other issues related to the divorce. When a couple is mediating a divorce dispute, such as property division and alimony, the mediator will focus on those issues. Keeping the discussion on the topic is important to stay on track and get to an agreement.
The mediation process includes:
- An initial meeting with the mediator
- Identifying the specific issues that need to be addressed
- Discussions between each party and the mediator about how to resolve the issue
- The parties meeting with the mediator together
- Preparing the final agreement
In order to get the most out of mediation, it is important to prepare for the process. Create a list of issues that need to be discussed and how you would like to see them resolved. Mediation should be positive and productive, so don’t waste time with negative comments about your soon to be ex. Instead, focus on creating an agreement that will meet the needs of everyone involved, especially your children.
Hope for the Best, Prepare for the Worst
It is important to be prepared for mediation and know what to expect, so you don’t agree to something that you regret later. Our La Jolla divorce mediator has guided clients to a resolution through mediation, settlement negotiations, and litigation. Our goal is to help every client find the best way to solve a family law conflict while protecting your rights and interests throughout the process.
Unfortunately, mediation may not be effective for resolving every conflict. When attempts at mediation are not successful for resolving disputes in a divorce, child custody case, or another family law dispute, we are prepared to take your case to court. Attorney Dan McCandless has extensive litigation experience in courts throughout San Diego and the surrounding areas.
Please call (858) 266-9171 to discuss your divorce or child custody dispute.