12 Reasons to Try Mediation

It costs less When both parties meet with a divorce mediator, they typically share the cost. The expense involved is typically less than one-half of what it would cost each of them as individuals to go out and hire an attorney to represent their interests. Most experienced attorneys will not accept a litigated dissolution case for an initial retainer of less than $5,000.00 and a contested dissolution can cost each party upwards of $7,500.00.

Retain control The primary focus in divorce mediation is the parties. It is the parties’ process to achieve their own sense of fairness and they are able to do so in an environment not pressured by the stress of litigation; and therefore they are able to find creative solutions to their problems. Litigants often complain that they felt their case spun “out of control,” with a Judge who really did not know them being the final decision maker.

Easier on children Children are often the silent victims in divorce, but in divorce mediation you are able to shelter and protect your child(ren) from becoming casualties. Children get the opportunity to heal knowing their parents are working together to make adult decisions and will not put them in the middle, which is also easier on the parties.

Facilitates healthier communication between the parties In mediation, both parties are encouraged to recognize the positives in the other person and to find common ground for agreement. The parties are encouraged to talk about their differences constructively and not negatively. Participants to litigation complain that litigation serves to foster a lack of communication between the parties and actually heightens hostilities as each party tries to “win”.

Aids the parties in their own recovery/transition The way your marriage ends will significantly impact the way you approach your future relationships. Mediation actually facilitates the healing process in that the media-tor will facilitate negotiations and open the channels of communication on important decisions. It is therefore often easier to move forward, accepting the past rather than turning the hurt and anger into an expensive court battle. The mediation process does not focus on blame or retribution for perceived wrongs in that it does not focus on the past but on the future.

Provides the procedural and legal framework The mediator will provide the procedural and legal framework to appropriately address the issues presented by the parties. However the participants do not need to feel constricted by the law, but should know the law pertaining to their issues so they can make intelligent and informed decisions.

It’s confidential The mediation process is confidential. That means parties can come up with different solutions and present different options for consideration without the fear that those options will be used against them in the event that they were to fail in mediation. This leads to parties being more creative in their problem solving.

The paperwork is done for you The mediator will prepare all the initial and final documents required for initiating the dissolution or formal separation process, in addition to preparing the final Judgment papers and the formal agreement. Support staff are utilized to complete some of the interim documents and agreements again reducing the overall cost to the clients.

You can still go to court Mediation is a voluntary process. You do not give up your right to go to court if you do not think mediation is working or you are not able to reach agreements. You can stop at any time, retain a separate attorney and have a Judge decide your issues. Whatever was discussed in mediation will remain confidential so that you can start fresh. In addition, par-ties that started in litigation oftentimes become wearied and frustrated, and therefore abandon the court process in favor of mediation.

It lays the foundation for resolving future controversies Parties that have successfully mediated will return to mediation as their first option when faced with another controversy that needs to be resolved.

Resolve issues quickly and efficiently In mediation, you can quickly address pressing issues without the lengthy delays involved in going to court. In litigation, if a matter needs to be addressed urgently, not only do your fees escalate, but there is no guarantee that the Judge will regard the matter as urgent. Regular hearings are typically set 30-45 days from filing of the paperwork. With the preparation of paperwork it may be 60 days before you come before a Judge. In mediation a press-ing issue can be addressed, based upon availability, the same week.

You set the pace The timeline for completion of media-tion depends on the parties and the issues that have been raised. Parties with relatively few issues may be able to resolve all the issues in 2-4 two-hour mediation sessions. Parties with multiple and more complex issues may require 4-8 two-hour mediation sessions.

You may find yourself in a situation where you feel your back is against the wall. The other party has chosen to leave the marriage or relationship and chooses not to work on the issues of your relationship any more. That decision can often leave you reeling with emotions and feeling vulnerable, angry and afraid of what may hap-pen next. If, you are the party who has decided that the marriage or relationship cannot work and that you want “out” you are often times confronted with your own feel-ings of regret, anger or fear. There lies ahead for both parties the difficult task of attempting to resolve the real practical aspects of your controversy whether it be the actual divorce, child and spousal support, child custody, visitation or property issues against the backdrop of the very real pain and sadness of separation and/or divorce. It is important that you be informed as to the different processes available to you at this juncture.

Mediation is a tool used to resolve issues in a non- adversarial way without court intervention. Mediation is a voluntary, confidential, and cooperative problem-solving process in which the parties to a dispute meet with an impartial and neutral facilitator who will assist them in communicating their primary concerns. Through this process, the parties work to identify issues, collect information, evaluate options, and find solutions that address the concerns of both.

Mediation is now recognized and encouraged by the legislature and the courts as an Alternative Dispute Resolution (ADR) process, which is highly effective in family law. In fact, the Sacramento County Family Law Court has stated:

To assist families in resolving their controversy without going to court, by providing a non-adversarial, confi-dential, and supportive environment that facilitates open communication as opposed to accusations and blame.

Family Law Mediation:An Alternative to Litigation

Our Mission

What is Mediation?

“The court recommends mediation as an alternative to litigation in every family law case. Mediation promotes co-operation and gives parties the opportunity to control the decisions that affect their lives.”

Law Offices of Bunmi Awoniyi, CFLS*A Professional Corporation1610 Executive CourtSacramento, CA 95864www.awoniyilaw.com

Offering you more than one way to resolve your family law controversy.

P: 916.925.9180 F: 916.925.9182

*Certified by the CA Board of Legal Specialization