Mediation May be the Best Choice to End Your Family Law Case

Mediation, or using a neutral third party to help resolve the parties’ differences, can be very effective in family law disputes. Most of these cases aren’t resolved at a trial because the parties reach an agreement. Mediation can help speed the process, saving time, money, and emotional energy. Taylor B. Warner acts as a mediator and represents clients in mediated cases.

The Law Office of Taylor B. Warner, APLC, not only represents clients in family law cases, Taylor B. Warner also acts as a divorce mediation lawyer to help parties reach fair and reasonable settlements to end their conflicts. If you’re involved in a divorce or a divorce mediation attorney and want to learn more, call us at (949) 466-9575.

What is Mediation?

Mediation is an alternative dispute resolution (ADR) process. It involves the divorcing parties working with a trained mediator who helps facilitate communication and cooperation, whether legal action is pending or may be filed in the future. The goal is to end the dispute through open communication, collaboration, and good-faith negotiation.

The purpose is to help the parties find common interests and compromise so they do not need to go to court (or continue in court) and have a judge or a jury decide the outcome for them.

When is Mediation Not a Good Option?

There must be some goodwill between the parties, and they must be willing to compromise. If not, a divorce mediation lawyer may do little good. Other situations that may not be a good fit include:

• Cases involving domestic violence where it may not be safe for one or both parties to be in the same room. The threat of violence may also make the victim afraid of strongly advocating for themselves. They may be reluctant to seek beneficial terms if they fear retaliation
• One or both parties are not transparent or honest. The parties must “put their cards on the table” so all the relevant facts, motivations, and goals are known. Parties without the necessary facts or basing decisions on lies can’t truly agree to something
• The parties must be competent and capable of making decisions. If one or both are impaired by substance abuse, psychological issues, or severe health challenges, they may be unable to process what’s going on or make a fully informed, independent decision

These issues may resolve over time and mediation may make more sense in the future.

What are the Benefits of Mediation?

There are many advantages to using mediation, including the following:

• Through negotiation and mediation process, you and your spouse control the outcome. You don’t risk failing to reach your goals by leaving the issue to total strangers like a judge or jury to decide highly emotional and personal matters. You both have “skin in the game” when you reach an agreement and a greater interest in its success than an outcome imposed upon you by the court system
• Mediation can speed up settlement and help the parties avoid litigation, so the matter requires less time and effort by lawyers, reducing legal costs
• A court calendar may be crowded, and your case may be complex, so both sides may file multiple motions. Preventing litigation can result in a quicker resolution
• Although being with your other spouse and their divorce mediation lawyer at a mediation session may not be easy, it’s not an adversarial proceeding. Cooperation and communication are encouraged, and testifying in open court would be far more stressful
• The outcome is less traumatic for your kids because the two of you agree on an outcome. You avoid the stress of a trial, and your kids need not be called as witnesses
• A mediated outcome can be tailored to your needs, while a court order may not cover all the issues you face
• You’ll enjoy more privacy. Trials and court records are open to the public. Mediation sessions are private and confidential 

If you and your spouse are at an impasse, consider getting additional help from a divorce mediation lawyer to reach an agreement to end the conflict.

Contact a Divorce Mediation Law Firm Today

If you’re going through a divorce or an attorney representing divorcing spouses, call The Law Office of Taylor B. Warner, APLC, to learn more about what a divorce mediation attorney can do for you or your client. Call us today at 909-466-5575 to discuss your case and learn how mediation can end the legal cloud hanging over your head.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.