If you are considering filing for a divorce or legal separation, you and your spouse may have different opinions about vital issues such as child custody and property division. Communicating with each other and discussing these issues in an amicable manner may be difficult. However, failure to negotiate a divorce agreement outside of the courtroom means you will be forced to litigate your divorce before a judge. This is an expensive, time-consuming, and public process that ultimately places control of your future in the hands of a stranger. A Riverside Divorce Mediation Attorney from The Law Offices of Michelanne Hrubic can help facilitate productive communication, allowing you to reach a fair agreement without the need for litigation.
To minimize conflict and prevent further disruption to the family, many California couples choose to explore methods of alternative dispute resolution. This allows them to reach a divorce agreement on their own terms. One of the most effective methods is mediation, a private and confidential process in which you meet with a trained, impartial, third-party mediator. Mediators help to resolve your issues and negotiate the terms of a divorce agreement. Learn more about divorce mediation below. Contact the Law Offices of Michelanne Hrubic to discuss your case with an experienced Riverside County family law attorney. We can help you decide whether a Riverside divorce mediation lawyer is right for you.
Divorce litigation is, by nature, a confrontational process that promotes contention. In contrast, during divorce mediation, a mediator creates a productive climate and facilitates communication between two spouses. This turns the divorce process from a win-lose scenario into a cooperative effort. Spouses can openly discuss key issues, settle disputes, and negotiate a fair, reasonable divorce agreement without the expense and public scrutiny involved in divorce litigation. Rather than surrendering decision-making authority to the court, an impartial mediator can guide negotiations between you and your spouse and your respective lawyers.
Resolving issues in mediation can take significantly less time than undergoing divorce litigation. In litigation, both parties first work with their separate attorneys. These attorneys then meet with each other prior to the court date to try to negotiate the divorce terms. Mediation usually also includes each spouses’ legal representation, but the spouses have the ability to directly communicate and negotiate their issues in a neutral environment. The mediator can identify the important issues that need to be addressed, provide an impartial perspective, and suggest effective solutions. A mediator will not tell you what is right, make decisions for you, or force you to agree to terms you cannot accept. Instead, they provide an opportunity to work through critical matters pertaining to your divorce and steer both parties towards acceptable resolutions.
If you litigate your divorce, your personal information and case details become available to the public. Any accusations you make or insults you hurl at your spouse can be viewed by anyone, including your children. This can make an already difficult situation even more painful and put further strain on your relationship with your children. Aside from the agreement itself and any financial disclosures required by state law, the information you provide during mediation is confidential and privileged. This means it cannot be revealed to the public or used in subsequent court proceedings. The privacy offered by mediation often allows spouses to participate in constructive conversations with more openness and honesty, which leads to better results. Additionally, you and your spouse are much more likely to follow an agreement you helped create rather than one ordered by a judge.
It is important to note that in California, child custody agreements must be reviewed and approved by a court judge. While in mediation, you can draft a parenting plan to present to the judge. However, the court will make a final determination in the best interest of the child.
The average cost of amicable divorce mediation in California equals around $5,000.
Divorce mediators charge by the hour and set their prices based on their professional background, experience, and location. The total cost of mediation will depend on the mediator’s hourly rate, the specific details of your case, the number and complexity of the issues you must resolve, and your goals. Another important factor is the willingness of both spouses to productively engage in the process, civilly communicate, and make compromises to reach a mutually beneficial agreement. The more difficult it is for you to negotiate, the more sessions you will require to accomplish your goals, and the more you can expect to pay for mediation. Most clients spend three to four months completing mediation and drafting a divorce agreement.
In Riverside, CA divorce litigation often costs more than three times as much as divorce mediation, or around $17,500. During a litigated divorce, you will be forced to pay for formal discovery, court appearances, and countless phone calls with your attorney. In contrast, when you pursue a mediated divorce, you likely will not pay as many fees or for as many court appearances. Your attorney is also still available whenever you need advice, and you can use their services as frequently you wish.
In California, If you answer yes to all the following questions, divorce mediation may be the best solution for your family:
Ending a marriage is never an easy decision, but you do have options for resolving your marital issues beyond litigation. Participating in mediation can help you communicate with your spouse, make healthy decisions for your future, and protect your best interests as well as the best interests of your children. When you hire the Law Offices of Michelanne Hrubic, you can avoid a combative, lengthy, and expensive court battle and reach a favorable divorce agreement outside of the courtroom. Riverside mediation lawyer Hrubic can offer objective yet compassionate counsel, devise creative solutions to complex issues, and help you begin your separate lives. Contact us today to schedule a consultation.
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