Going through a divorce is never an easy thing, especially knowing that there are a lot of factors to take into consideration. For those who are not in the know, divorce through mediation means that each spouse agrees that a third party mediator will help to resolve the issues between each party and end the marriage as amicably and cost effectively as possible.
What the Mediator has to take into Consideration
One of the most critical things that all parties must take into consideration is the children that are affected by the divorce proceedings. The mediator must review the side of both parties and come to an amicable solution to parenting time and custody. However, with a situation as sensitive as children the mediator must take all the information given very carefully and seriously.
In the absence of children normally the next biggest issue is the distribution of property the couple had when they were married. Most of the time one party is not willing to let go of certain properties especially when there are houses involved.
How Long Does Mediation Usually Last and What are the Normal Costs?
While each case is unique and will take its course naturally, a divorce proceeding that has an effective mediator will last 4 to 10 sessions on average. While this might not sound like a lot, one can consider that the time between sessions could last weeks if not months.
The cost of the mediation also varies on the length of the sessions. On average, depending on the lawyer and other fees the entire process could reach up to $4000.
What are the Advantages of Mediation Compared to Litigation?
Privacy is one the biggest advantages of going through mediation rather than going to the courts and proceeding with litigation. In the courts the problems between the two parties can be listened to by anyone who is willing to sit in the court room. Normally this causes a breakdown in communications between the two parties, resulting in increased problems post-divorce.
The sense of feeling satisfied with the results is another big advantage of going through mediation as both sides have agreed on the results. In comparison, litigation gives the decision over to a judge who is deciding which spouse gets what and the division of assets.
While divorce is never something to take lightly, the Law Offices of Edward Lai Law are willing to help. If you or someone you know would be in need of help and expertise in these matters, please call the office at 510-397-8287.