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What Does a High-Conflict Divorce Entail?
A divorce can be stressful, even when it is uncontested and the divorcing parties seem to agree on most issues. However, when divorcing couples harbor deep personal struggles, communication and respect are likely to become eroded. Consequently, tension can escalate to severe levels, causing the parties to disagree and sometimes become hostile towards each other.
A high-conflict divorce can take a long time to resolve, taking a toll on your mental and physical well-being. Fortunately, you can get legal assistance from skilled San Diego lawyers to simplify the process. They can offer mediation to help you resolve the pending issues while minimizing conflict.
What is Mediation in Divorce Cases?
Divorce mediation entails working through disputes with the help of a neutral third party called a mediator. Unlike a judge who issues the final orders, the mediator doesn’t make decisions for you. They facilitate a healthy conversation and guide you toward finding a common ground rather than proving who is right or wrong.
Mediation is a less contentious and more compassionate way to end a marriage. Instead of tearing each other down, divorcing spouses can amicably agree on how to divide property, share custody of the children, handle child support, pay alimony, and address various issues related to the divorce.
Can Mediation Be Effective in High-Conflict Divorce Cases?
Mediation can be effective if you and your ex are agreeable and the mediator is skilled at moderating the discussion and guiding the parties. If you both participate and understand your options, share your concerns, and explore potential solutions, you can achieve the end goal of a fair and mutually agreeable solution.
Once you settle your issues, the mediator will draft a final document called a Marriage Settlement Agreement reflecting all the agreed-upon stipulations. You can review and amend the Agreement before signing, if necessary.
What Benefits Do I Stand to Gain from Divorce Mediation?
San Diego contested divorce lawyers say mediation is a less formal and more flexible process, promoting a less stressful atmosphere. Overall, it provides the following benefits for divorcing spouses who follow through with it:
Flexibility and Control
Mediation gives you greater control over the outcome, unlike a traditional court setting, where the judge will make a binding determination based on the state’s legal statutes. You can choose the venue for mediation and set the pace of the discussion. Mediation helps you decide the most critical issues while exploring solutions that best fit your family’s situation.
Less Emotionally Charged
Emotions intensify in courtroom confrontations, leading to prolonged and escalated conflict. Since mediation is based on open communication and collaboration, the concerned parties are more open to each other’s needs and may make mutual compromises for each other’s sake. In the end, everyone can maintain their dignity and reduce discord.
Privacy and Confidentiality
Divorce proceedings that happen in court are part of the public record. Public scrutiny can be more troubling for high-conflict divorcees with high-net-worth assets. If you value discretion, mediation can ensure your discussions are private and confidential, allowing you to resolve sensitive issues away from strangers who should not be party to your family affairs.
Cost Effective
Mediation is usually more affordable because it avoids prolonged court appearances that may cost a lot of money in the long run.
Child-Focused
Mediation provides a non-confrontational platform for discussing parenting schedules, child support, and custody while focusing on the child’s needs. The process encourages you and your ex-spouse to collaborate and can lead to the creation of a parenting plan that reflects a shared commitment to the child’s well-being.
Time Efficiency
Divorce litigation can take several months or years to settle, especially if the case involves complex assets or the divorcing parties are not amicable. On the contrary, mediated divorce can take a significantly shorter time to resolve.
How Can I Make the Most Out of Mediation?
Divorce mediation is more beneficial than litigation, but you may not enjoy the benefits if you’re unprepared. San Diego contested divorce attorneys say it’s essential to utilize the following strategies to make the most out of it:
- Choose the right mediator by checking their experience level in high-conflict divorce cases. They should be knowledgeable in family law and well-equipped in de-escalation techniques. It would also help if they are familiar with the judge who will likely hear your case if mediation fails.
- Make sure you have your own attorney to guide you through the mediation process and assist you with ensuring your rights are protected. A mediator cannot represent both parties, and cannot give out individualized advice so it’s important you have your own attorney to guide you through the process.
- Prepare adequately: Ensure you bring all the necessary documents to the mediation sessions and clearly understand your rights. It’s also vital to know your expectations and determine whether you’d be willing to compromise with your ex to reach an amicable solution.
- Create a co-parenting plan: If you have minor children still in your custody, you should have a parenting plan that you can discuss further with your ex during mediation. It’s a proactive way of asserting your custody or visitation rights. You can go over this with your attorney before mediation.
An Experienced Divorce Attorney Helping You Navigate Divorce Complexities Through Mediation
Most of the time mediation has more advantages over litigation. A significant benefit is that it can help reduce emotional and psychological stress, compared to the adversarial nature of the court process. It may also take a shorter time to resolve the pending divorce issues through mediation, costing you less than it would in court. Mediation also gives you more flexibility and control.
Khosroabadi & Hill, APC, has experienced San Diego contested divorce lawyers who can help you understand your options and how we can assist you in navigating the mediation process. They can answer your questions concerning divorce mediation and help you prepare to increase the likelihood of a favorable outcome. Call us at 858-240-2093 to schedule a FREE consultation.
