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When mediation might not work

California couples who are going through a divorce might wonder about using mediation instead of litigation. While the mediation process can save time and money, it is not necessarily appropriate for everyone.

This may seem rather obvious, but prime candidates for mediation are those that want it to work. Some people do not have the right mindset when going to mediation. Both parties should want to reach an agreement, and this involves wishing the other party well and compromising. The objective of mediation is to find a solution that benefits both people. Those who want an ex to suffer or who consider the process to have a winner and a loser will likely have trouble with mediation.

When working with a mediator, both parties get a chance to speak and share their point of view. Both parties do not need to agree about their shared experiences but must be willing to keep an open mind and listen to differing points of view. Both people will likely have different versions of events and must accept that neither version is right or wrong.

Both partners should be able to advocate for themselves and their rights. If one party cannot do this, then this person may need legal counsel who can advocate for him or her instead. Mediation might make litigation unnecessary, but this does not mean attorneys are not needed. Many people who use mediation also have legal counsel

There are many matters couples must think about during a divorce that makes having a neutral third party helpful. These issues involve property division, alimony and child support. Property division might involve assets like real estate, retirement accounts, businesses and stocks. Both people might be entitled to a portion of an asset, and one could sell an asset or negotiate for its value.

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