Divorce Mediation Lawyer in Manhattan Beach
Divorce mediation is a process in which a couple who is separating or divorcing jointly choose an experienced family law mediator to negotiate and resolve the issues in their divorce or separation. The neutral, experienced divorce mediation lawyer in Manhattan Beach helps the parties communicate and reach agreements on issues such as child custody and visitation, child support, spousal support, division of assets and debts and matters related to the dissolution of the marriage. In a family law attorney-mediated divorce, both legal advice and guidance is provided to the couple during the negotiation process. Family law attorney-mediated divorce is significantly less costly and much less time-consuming than litigation. It typically is much less emotionally stressful for the parties involved.
The Benefits of Divorce Mediation in Manhattan Beach, CA
Choosing Divorce Mediation, you a your spouse solely, decide all the terms of the divorce as well as what is best for you, your children and your future financial status.
With this process, you an your spouse will meet with a neutral third party, the mediator, who assists you in resolving all your concerns and ensure that your divorce is amicable and cost-effective.
By choosing divorce through mediation, you an your spouse will have made the smartest choice from a cost point-of-view, minimized the emotional trauma as best as at all possible and made sure that the division of assets and liabilities and the well-being of your children and yourself are the best possible under the situation.
Frequently Asked Questions Regarding Divorce Mediation
How long does divorce mediation take?
Significantly less than litigation, a typical divorce mediation lasts anywhere from three to six months. Cases more complicated than typical ones take longer as the parties spend time on the additional issues.
How well you prepare (quickly providing all the documents needed) and the degree to which both parties are receptive to compromise are the two primary determinants of how long it will take to finish divorce Mediation.
How much does divorce mediation cost?
Significantly less than litigation because the parties use one Mediator-attorney who functions to neutrally facilitate understanding between the parties and amicably resolve the issues important to both parties. You control the speed of Mediation and your Mediator’s time. The cost is determined by your choice of how much time you need and in most cases this cost is shared between the two divorcing parties.
Litigation involves two attorneys arguing back and forth over everything and both of them spending hours examining and questioning documents. It is far more expensive.
What is the difference between mediation and collaborative divorce?
Both Mediation and Collaborative divorce are methods of less expensive and less stressful dispute resolution than litigation. They both give the parties complete control and prioritize win-win solutions.
While Mediation involves one attorney, with a Collaborative divorce each party has their own attorney. All four participants commit to meeting together until all issues are fairly and reasonably agreed to – without litigation.
What is the role of a lawyer in mediation?
If you decide to pursue mediation, you should review the facts of your case with an attorney and learn how state family law applies to your situation.
Thus, you will have an overall comprehension of legal principles and limits.
Prior to signing a final settlement agreement, it is prudent to share this information with your attorney to determine whether it is reasonable or places you in a financially vulnerable position.
After the final settlement agreement has been completed, have your attorney review it to ensure that it accurately reflects your knowledge of the provisions.
In the majority of divorce mediation meetings, only the parties and the mediator are present.
This reduces expenses and assures that you and your spouse make the decisions, rather than attorneys who may be overzealous in protecting your interests.
If you attend the initial session and determine that you cannot articulate your stance or advocate for yourself, you should consider bringing a lawyer to subsequent sessions.
Please be aware that this does significantly alter the dynamic.
The Difference Between a Divorce Mediated By an Experienced
Family Law Attorney and a Divorce Mediated by a Non-Attorney ‘Mediator’
Advantages of experienced family law attorney-mediators
- Legal knowledge: A family law attorney-Mediator is a specially trained lawyer who is familiar with the legal issues that arise in a divorce over property division, child custody, child support, joint and separate debt and spousal support/alimony. The Mediator-attorney ensures that the mediated settlement is fair and legally sound.
- Ability to provide legal advice: A family law attorney-Mediator provides legal advice to both parties during the Mediation process, which is crucial to the parties’ understanding of the legal implications of different settlement options.
- Experience with the court system: A family law attorney-Mediator has professional legal training, a law license and experience with the court system so is more able to anticipate potential legal or procedural issues that may arise during the divorce process.
Disadvantages of non-attorney mediators
- Limited legal knowledge: Lacking the level of legal training that a family law attorney-Mediator has, a settlement in which the legal implications of various options are not all presented to the couple will be unfair to one or both of the parties.
- Lack of ability to provide legal advice: Non-attorney mediators do not have a license to practice law so cannot provide the legal advice crucial to a fully informed settlement. This makes it difficult if not impossible for the parties to fully understand the options available to them.
- Substantial additional costs for hiring two attorneys to review the non-attorney mediator’s document.
- Ultimately, the choice between an experienced family law attorney-Mediator and a non-attorney mediator will depend on the needs and preferences of the parties involved in the divorce. It may be helpful to speak with both types of mediators to determine which one is the best fit for your situation.