Is Mediation Right For Your Divorce Case?
If your marriage has broken down and you do not think things will get better, often the most sensible thing to do is to get a divorce and focus on writing a new chapter for your life . Even if you and your spouse are still amicable with each other, a divorce can take an emotional, mental, and financial toll on your life. To reduce the negative impacts of divorce, more and more couples today are choosing divorce mediation over divorce litigation.
During mediation, you and your spouse will meet with a mediator. Mediators are neutral third parties that help opposing parties reach an agreement through compromise and communication. Mediation holds many benefits for couples but still, it is not right for everyone. At Hepner & Pagan, LLP, we believe that most divorce cases can be successfully mediated, but the issue is many people are not informed about mediation as a practical option. Below, our Santa Clara County family law mediator outlines the signs that mediation might be the right fit for your case.
You Both Want a Divorce
Divorce cases that are bitter and contentious from the outset can seem like they would not be good candidates for divorce mediation. This is because both parties must be fairly open to the idea of divorce and mediation in order for it to work. However, this does not mean mediation cannot work if you are committed to moving forward. If you and your spouse have both agreed that divorce is the right thing to do, you will likely be able to resolve your issues through divorce mediation. An if one person is resisting and seems driven by anger, consult an attorney who is mediation friendly who might be able to work with your spouse and their counsel to get the case in front a trained and experienced mediator.
There is No History of Domestic Violence
In order for mediation to be successful, both parties will have to meet with each other multiple times. During these meetings, each party should also be willing to treat the other fairly and with respect. When there is a history of domestic violence, this is not possible. Mediation also requires both parties to be on equal footing with each other, and one cannot hold a position of authority over the other. This is because neither party should make decisions based on feelings of intimidation or fear.
Both Parties are Honest
For mediation to work, both parties must remain honest throughout the proceedings. If one party is going to hide assets or be dishonest about debts or other financial matters, mediation will not work. In fact, all parties are required to remain honest and provide full disclosure about marital assets as part of the divorce process, regardless of how people go about finalizing their case. If either party does not remain honest, it will not only prevent mediation from being successful, but it will also hurt that person’s chances of obtaining a successful outcome in the divorce case.
Call Our Family Law Mediators in Santa Clara County for Help with Your Case
If you are going through a divorce and think mediation is right for you, our Santa Clara County family law mediators can help. At Hepner & Pagan, LLP, our seasoned attorneys have helped many clients through the mediation process, and we can put that experience to work for you. Call us now at 408-429-8336 or reach out to us online to schedule a consultation and to learn more about how we can help you achieve the best outcome in your mediated divorce case.