Divorce mediation is a means for a divorcing couple to dissolve their marriage outside of the traditional court/trial process. At Saito & Madan, the mediation process is designed to empower both parties in the divorce. No one knows better than the divorcing couple, themselves, about the unique circumstances of their separation and their respective hopes for the future.
Decisions about community property, spousal support, child support, and parenting arrangements are determined by the divorcing couple with the assistance of a certified mediator, and not decided by attorneys or judges who have no personal investment in the couple’s separation. With a mediated divorce, both parties in the divorce can be equally satisfied with the terms of the final settlement.
Mediation vs Litigation
While it might seem that one party is entitled to a substantial portion of the marital assets because the other party failed in some respect, under California law, community property is divided equitably. Whoever might be to blame does not affect the division of assets, spousal support, and child support. Instead, the no-fault divorce law, in California, is intended to place both parties on even financial bases, as the divorcing couple go their separate ways. For the most part, then, mediation and litigation produce similar, equitable, final agreements. With a mediated divorce, however, the separation is completed in a matter of weeks and with substantially less legal expense.