Guiding You Toward A Fair Resolution Through Mediation
With divorce comes a slew of disputes to resolve in order to set the path for a new future. From child custody to asset division, divorcing couples will need to settle an agreement between them about these marital issues. While TV and movies often show the litigation room in divorces, there is actually a more cooperative method for spouses willing to discuss outside of court – mediation.
At Leigh K. Galyon, APC we have over 25 years of experience working with families in California, and we take our role as a counselor very seriously. You can trust that we will put our negotiation skills to use as we help you and your spouse reach an agreement on even the most complex issues.
What Is Mediation?
Mediation is an alternative dispute resolution method for resolving divorce issues without going to trial. In mediation, an impartial third-party mediator helps spouses reach an agreement they can both accept. The mediator will facilitate discussion between the couple to talk through their issues in a way that makes it easier to settle an agreement themselves.
Mediators do not make decisions, unlike arbitrators or judges. The mediator’s job is merely to foster discussion and help draft the settlement agreement according to the couple’s own terms. In some instances, California law requires that couples mediate child custody issues if they have minor children but haven’t agreed on a parenting plan. This requirement also applies when a parent requests any court order related to child custody in California and when a stepparent or a grandparent has requested visitation with a child.
Should I Pursue Mediation?
There are several reasons you might want to pursue mediation to resolve your divorce issues. Firstly, mediation will allow you and your spouse the most decision-making authority over your own divorce. A judge will not know the deeper details about your relationship as a couple and a family, so it might not be as favorable to let a judge make a default decision in a trial. Mediation allows you to make your own decisions under a supervised discussion. Handling disputes outside of court will also likely save time and money. Mediation can also help avoid or minimize the negative emotional impact that high-conflict trials may induce.
Divorce or separation is a difficult emotional process to begin with, and the more disputes, the tougher time you and your children might have. Mediation can at least offer a space (mediated by a trained third party) to discuss your uncertainties and settle your disagreements in a communicative way. This might even help parents become cooperative as they look ahead at co-parenting. The mediation process might not be able to solve every dispute, but it can help resolve some. This can prove beneficial even if you end up going to court for the rest of the disputes, because it will minimize the amount of disputes for a judge to decide. At the end of the day, you retain the most decision-making power in mediation sessions.
What To Expect After Your Mediation Session
Following mediation, the judge will review the settlement agreement for approval. They may ask to make major or minor changes, but in most cases the judge will accept the agreement and issue a final Judgement of Dissolution of Marriage. If mediation is unsuccessful or only partly successful, the couple will proceed to trial for a judge to conduct a hearing and make final decisions on the remaining issues.
Learn More About How Mediation Can Help You Resolve Your Disputes
Contact Leigh K. Galyon, APC for mediation services in San Diego, California. Let an experienced and dedicated legal counselor guide you toward a fair resolution today. Call 619-573-6125 or reach out online to get started.