Divorce Mediation in San DIego
Legal Counsel from a Credentialed Family Law Mediator
Divorce should be a process for unhappy couples to move forward to a happier life. Unfortunately, in today's legal system, the process of getting divorced can make people more embittered. This occurs because of the adversarial means used to go about the task. A skilled divorce mediation attorney (a lawyer trained as a mediator acting as a neutral third party) can help both parties find common ground.
Our team includes multiple lawyers who are trained mediators. While you may be searching for a divorce mediation lawyer, since mediation requires a neutral third party mediator, what you need is an attorney who is trained as a mediator.
Founding attorney Garrison Klueck is a credentialed mediator from the National Dispute Resolution Center. He has undergone hours of training and years of experience that gave him the tools necessary to resolve family law disputes using the best mediation techniques.
Wondering about the pros and cons of divorce mediation? With our help, you can truly move forward without regret or bitterness and without the exorbitant costs of litigation.
Can You Get a Divorce Without Going to Court?
Yes, in California, it is possible to get divorced without having to go to court. One option is through mediation services.
Mediation allows for greater flexibility and control over the outcome than traditional court proceedings, as the parties can work together to find creative solutions that best meet their unique needs. During mediation, both parties meet with a neutral third-party mediator who helps facilitate discussions around issues such as child support, custody, and property division.
- Mediation is often a less stressful.
- Using a mediator is less time-consuming.
- It is a less expensive option than going to court.
At Family Law San Diego, our team of experienced mediators can provide guidance and support through every step of the process, making your divorce as smooth and worry-free as possible. Contact us today to learn more about our mediation services and how we can help you achieve an amicable divorce without going to court.
What Is Mediation?
Mediation allows divorcing couples to negotiate a resolution to their divorce or family law dispute without going in front of a judge to have a decision made for them. These disputes can be related to parenting, division of assets and debts, spousal support and child support, or any other family law matter.
3 Key Components of Mediation:
- Mediators are neutral. The couple will sit down with a neutral, third-party professional, usually an attorney or a mental health professional, who will listen to each person describe the problem as they see it and then help the two parties make an agreement. The mediator is a neutral, meaning that the mediator will not take sides and cannot later represent either party in court.
- Mediation is not binding. Any agreement that the parties reach is only binding if they decide to turn it into a formal contract such as a Marital Settlement Agreement. If the parties do not come to an agreement, they can still go to court to resolve the dispute.
- Mediation is confidential. Anything that is said in mediation is confidential under California Evidence Code Section 1119(c). Any offers made in mediation, as well as anything said during the mediation, cannot be used as evidence in court, nor can they be disclosed through the discovery process (California Evidence Code Section 1119 (a) & (b)).
Divorce Mediation Tips
Mediation is a controlled and non-confrontational process that allows people involved in a family law dispute to talk about the issues involved. Based on this discussion, it allows them to form an agreement that works for both parties.
Mediation is different from hiring a lawyer and appearing before a judge. The mediator is neutral and does not represent either party. Further, the mediator does not make any judgment or decisions- he simply identifies the points of disagreement, like child support or child custody. That way the parties can concentrate on fixing only the parts that are broken between them.
- 3-Party Mediation: Includes both spouses and a mediator.
- 5-Party Mediation: Both spouses, their attorneys, and a mediator.
- 3-Person-Plus Mediation: Spouses and mediator, with lawyers on standby outside the room.
- 4-Party Mediation: Team meeting between spouses, a mental health professional, and an attorney
Are you wondering how long does divorce mediation take? As you can see, this approach is uniquely flexible and adaptable to any relationship or situation. When you speak with us in your initial consultation, we will discuss all of your options in detail. We can also provide you with the choices that would work best in your situation, empowering you to make a truly informed and confident choice for your future.
DIVORCE MEDIATION VS LITIGATION
Mediation is a good choice for many because is quicker and less expensive than litigation. In this no-court method, your paperwork goes to court, but you don't have to. It is an ideal choice for couples who are able to work with each other and seek mutually-beneficial compromises.
Mediation also gives couples more control over the potential outcomes of litigation. When litigation does occur, the parties involved must follow the judge's order; however, parties who engage in mediation have more control and power to create a solution that fits them better.
3 Key Benefits of Divorce Mediation:
- Mediation saves money. Because both parties usually share the cost of mediation instead of paying two attorneys to resolve the dispute in court, the cost of mediation generally is substantially less than the cost of litigation (going in front of a judge).
- Mediation saves time. It can take months to get a court date to resolve just one of numerous issues in a divorce, and it can take months to draft, sign, and file a final Judgment in a case. Our mediation clients are usually divorced within a year, while litigation can take several years.
- Mediation saves heartache. You get to work with your spouse to come to a peaceful solution to end your relationship. Mediation allows you to honor your marriage and show your respect for the other person through negotiation and compromise. For divorcing parents, mediation can set the foundation for a successful co-parenting relationship.
Virtual mediation is a good option for couples who would like to settle their disputes online without the need to travel to make an in-person appearance. This type of mediation is conducted securely via videoconferencing or teleconferencing and includes breakout rooms where you can speak to an attorney in private – just like you would in an in-person meeting. Additional security protocols have been enforced to protect your attorney-client privilege, so anything you share during these meetings is kept confidential.
Why Virtual Mediation?
Virtual mediation allows couples to resolve their disputes from the comfort of their own homes. Today, meeting your lawyer in-person is not always convenient due to time constraints and busy schedules. Virtual mediation would be a great option for you if:
- You are unable to travel
- You prefer to discuss your disputes from the comfort of your home or office
- Your schedule is too busy
- It is too difficult to find reliable childcare
- Work time constraints get in the way
- You are looking for more convenience
Contact Our SAN DIEGO DIVORCE Mediators
Our primary law office is in La Mesa, and our satellite office is in La Jolla available by appointment only. The free initial consultation will provide the specific answers you need to make a decision and move forward with your life.
As skilled litigators, mediators, and negotiators, our firm is prepared to handle any type of family law case.
Working together, we pull from our unique backgrounds and resources to achieve the best results possible.
We create tailor-made solutions to fit the unique needs of every client and help them move forward favorably.
We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients.
I would absolutely recommend this firm!- Gerilyn H.
It was a joy to work with him and the entire firm!- Nina F.
We were successful, despite the opposing party's contention. Thank you again to Garrison Kleuck and his entire team.- Jennifer B.
I appreciate all the hard work everyone demonstrated during my legal issue, first and foremost Garrison!- Jean M.
It feels good to have you on our side.- Kevin