Divorce MediationWhy Choose Mediation Over Litigation?
The law is intended to be fair for both parties in a divorce. While it might seem that you are entitled to a substantial portion of the community property split, in most cases, community property assets are divided equitably. For the most part, mediation and litigation produce similar, equitable, final agreements. In mediation, however, the parties maintain control over the negotiation process while the sessions are moderated by an impartial facilitator.
In litigation, by contrast, attorneys represent your interests and negotiate on your behalf. Face-to-face meetings with your ex might be limited, but separate discussions with your attorney and your ex’s attorney will be time consuming and expensive.
While mediation might seem like an unnecessarily uncomfortable process, it is much less complicated and far less stressful than litigation. Saito & Madan will effectively mediate a dissolution agreement for you and get you started on your future as quickly and painlessly as possible.
Private and Confidential
At Saito & Mada, divorce mediation is a completely private and confidential process. Only the parties need to know where or when sessions take place. No one, other than the parties, will know the details of the negotiations. The mediator is sworn to secrecy and cannot be subpoenaed by the courts at any future date.
In litigation, by contrast, several individuals may be present during negotiations and free to discuss your case. Court dates are posted online and anyone may attend courtroom proceedings. Moreover, any personal or financial information provided for discovery, might easily be made public.
Mediation allots each party, equal time and consideration for any given issue. Neither party is permitted to gain an advantage over the other during the negotiations. The mediator maintains neutrality throughout the mediation process.
At Saito & Madan, the parties first determine the agenda for the sessions, the order of interests and issues to be discussed. The mediator then guides the parties through the various components of their separation, providing the information required for realistic decisions and agreements.
Negotiations may begin separately, depending on the parties’ comfort level. But the negotiations nearly always conclude jointly. Most dissolutions are finalized within one or two sessions.