The state of California allows couples to end their marriages through both divorce mediation and traditional divorce litigation. Divorce litigation involves one or both parties to a marriage filing for divorce and the parties approaching the resolution of their divorce-related issues in the adversarial setting of the courtroom. Divorce mediation allows divorcing couples to find self-driven solutions to their end of marriage differences and treats negotiations as a cooperative practice.
Attorneys who work within the divorce mediation field recognize that it is not always an easy process for all people. In many situations, people in mediation have to check their emotions and approach the divorce process with a collaborative spirit. They must be open to communicating with their soon-to-be ex-spouses and willing to make compromises about matters related to their property, kids and money.
A mediated divorce may not always be a happy divorce, but for some who utilize mediation as a way to end their marriages, it may result in an amicable divorce. Individuals may have to make concessions over important marriage matters to bring about an agreeable end to their marital unions; however, couples who begin their divorces in mediation and cannot resolve them can generally move their divorces to courtrooms.
Whether a couple has an uncontested divorce or one where the parties have major disagreements, divorce mediation is available as a means of ending a marriage. Mediators are trained to help couples find options to solving their problems, but unlike judges they do not mandate resolutions to couples’ divorce-related disagreements. California allows couples to approach their divorces through mediation. Attorneys who offer divorce mediation services as part of their legal practices can provide interested parties with more information on the process.
Source: wfxl.com, “The key to a happy divorce,” Tracey Smith, Oct. 7, 2015