Law Office of Lily L. Huang
More Than A Decade Of Family Law Experience

Assessing the advantages of mediation

Divorce proceedings can certainly become messy affairs if those participating in them in San Jose allow them to be. Often, the contention in such cases may arise from one spouse not wanting to end a marriage. His or her thinking may be that if he or she refuses the comply, the case cannot go forward. Unfortunately, according to the website for state's Judicial Branch, California is among those that classify themselves as "no-fault" states when it comes to divorce. What this means is that one spouse does not need to have grounds for divorce (other than irreconcilable differences) in order to seek for the immediate end of a marriage. In such cases, proceedings are held regardless of whether or not a dissenting spouse participates. 

This fact may serve as motivation for divorcing couples to seek an amicable divorce through alternative dispute resolution methods. Among the most popular of these is mediation. In mediation, an impartial third party serves as mediator between the two sides to resolve issues such as child custody and support, property division and alimony without going to trial. Both sides must consent to mediation, the decisions made during such proceedings, and to accept whatever agreement that comes from it as legally binding. 

There are several advantages to mediation, chief of which is that it helps eliminate much of the anger and tension that is often inherent with traditional divorce proceedings. As both sides commit to come to amicable agreements, there is no incentive to try to punish the other through an unfavorable arrangement. Plus, mediation proceedings are typically resolved much faster, resulting in greatly reduced costs. The American Bar Association reports mediation to be between 40-60 percent less expensive than a standard divorce case.  

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