While many California couples who are ending their marriages may think that going to court is the best way to resolve a divorce, there may be many benefits to mediation. First, mediation is conducted by a neutral party who is there to facilitate a conversation. He or she will allow both sides to speak without interruption from the other person. This decreases the odds of an argument while allowing both sides to articulate their feelings.
Another benefit to mediation is the ability to resolve the divorce without possibly harming any minor children the couple may have. Litigation could cause both mental and emotional harm or distract them from their education. Mediation is a calmer process that may allow both parents to show their children how adults can settle their disagreements in a mature manner even if they don't like each other. For the adults, they benefit because the process is less stressful on them than litigation may be.
The cost of mediation is generally lower than the cost of going through litigation. This is because the process may take less time to complete, and it may be possible to do so without having to go to court.
Through divorce mediation, parents may be able to come to an accord regarding property division as well as most child custody or support issues. However, it is important to note that the resulting agreement must be submitted to the court in order for it to become part of the final divorce order. An attorney may be helpful in reviewing an agreement or helping to negotiate its terms during the mediation process. Legal counsel may also be of assistance in the event that a client needs help enforcing the agreement in the future.