“Advantages of Mediation In Family Law”

There are limits to mediation in family law and some factual disputes which simple need to go through a trial, but if you are able to mediate your issues and come to an agreement, there are some significant advantages. Here are a few of them:

1. Schedules that actually work. If you force a judge to set your visitation schedule, it is not going to be tailored to your lifestyle and schedule. This is not because the judge doesn’t care, but because the court simply cannot keep track of all the details and think of all contingencies. By working out your own schedule, you are able to set the details in a way that is most beneficial to your children.

2. It avoids inflammatory court testimony. In rare cases, sworn testimony can be cathartic and helpful to the case. In most cases, however, it simply inflames emotions and increases anger, as both sides get to sit through hearing all the accusations and derogatory comments which the other side presents to the judge. Sometimes damage can be done that makes it very hard to co-parent afterward. Letting it all hang out is not always a good thing.

3. It limits court costs. I cannot tell you how many times people tell me “I’d rather give my money to you than to my Ex.” While this is generally fine with me, in 99% of the situations I deal with, the person saying that does not really mean it and is going to be unhappy with the costs in the end. Litigation is expensive. Presenting evidence is expensive. There are always delays. Results at a trial can be unpredictable. You can have your day in court, but it is going to cost. Make sure you’re really willing to spend what it takes to put on a full trial before you reject the idea of mediation.

DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.

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