Why Divorce Mediation Instead of Litigation

For parents of minor children who want to know whatis self employed. They will dig in their heals and do so
ALL the options are when thinking about divorce, hearmuch creative accounting, you will end up paying them.
this. A mind works best, like a parachute, when it isWe create our lives out of our intention. That may
open. There are very creative ways to divide propertysound counter intuitive. You didn't intend for your
and to share children if both parties keep their eye onmarriage to end, did you? Well intention is like a muscle,
the prize - the well being of the children. They didn'tthe more you use it the stronger it gets. If the two of
ask for this drama and it is possible to shield them ifyou intend to break up with as much cooperation and
the two of you work at it. The idea of "working at it"generosity as possible BOTH of you will be better off,
may sound odd to a couple who is about to break upfinancially and emotionally. I always say the same thing
just because their relationship isn't "working" but if youto people, you can divide the pie two ways or four
have children together your job will never end. Thereways. Which way do you get the most? When you
will be weddings and grandchildren and holidays for theuse divorce mediation, you cut out the lawyers. The
rest of your life. If you start World War III now, with theaverage fees in California, when both sides have their
kids caught in the middle, they are going to have to doown lawyers is $20,000 each, but the truth is that the
a lot of duck and cover as your verbal bullets whizmore you have to lose the more your fees will be.
over their heads.California divorce attorneys are the only kinds of
Take a step back and focus on the children. Nolawyers whose fees are protected by the equity in
matter what perceived wrongs may or may not haveyour home. They KNOW they are getting paid. Do you
happened to you, this is where you are right now andthink the case will take longer or resolve itself quickly
playing the blame game may make you feel better butwhen you have a lot of assets? Human nature being
it is not productive. A little rational thought instead ofwhat it is, certain attorneys will make sure the case
playing victim to your own feelings is what is neededdoes not settle until there is nothing left to fight about. If
most right now. The more you focus on anger, theyou want more details, read Charles Dickens' Bleak
more anger you will feel. Focus on the children nowHouse. Nothing has changed since the 1800s.
instead. Who has been the primary caretaker? If youThe overwhelming majority of people know what they
have been a stay at home mom or dad, guess what,have. There are no hidden Swiss bank accounts in
you will probably have to go back to work becausemost divorce cases yet attorneys will spend
you won't collect enough support to keep you living thethousands of dollars doing discovery, taking depositions
life to which you have gotten accustomed. So if bothand serving subpoenas. Why buy more than you
of you are working then you really get a chance toneed? Would you do that with a house or car? Why
look at a shared custody situation. It is hard to raise awould you do it with a divorce? I am not saying
child alone. Sometimes you really need a break formediation is for everyone but if the two of you are
your own sake.decent people who just want out, no one is trying to
5/2 2/5. This is a very popular child sharing plan thathurt the other one and both of you are honest and
gives the children a consistency that is dependable.reliable about money with enough honor to keep your
One parent always takes Monday and Tuesday whileword, then you are the perfect client for mediation.
the other parent always takes Wednesday andDivorce is a transition that has its challenges but an
Thursday with weekends going back and forth. Thisexperienced mediator will help you in a way that is
means that you will never be away from the childpeaceful and respectful to both of you. Prices for
more than 5 days at a time. Some times the weekendmediation are determined by expertise and where you
runs into Monday/Tuesday and sometime it runs intoare located so make several calls, interview several
Wednesday/Thursday. Having big chunks of time withmediators to make sure you are fully informed. In my
and without the children lets you plan a personal andown practice the whole process, on average, takes
work life that a lot of people enjoy.between 4-7 hours but there is certain homework that
On the financial side, if you have a bitter,must be done prior to working with me. Ask the
uncooperative, self employed spouse, try collectingmediator what percentage of their cases settle and
support. It is impossible unless they feel like paying you.how many meetings did it take. In California the
This is going to be a fight to the end and you probablyaverage cost when both sides have their own
will never collect what you are owed. The last thingattorney is $40,000 so whatever the mediator charges
you want is to go to war with a person like this. Sowill be a tiny fraction of that. The financial benefits of
now we talk about the most important decision you willmediation are obvious but more importantly, you will be
make. What kind of divorce do you want? Somecomfortable enough with your spouse to co-parent
people want to go in guns blazing. There are a LOT ofyour children. This is the best gift you can give to your
attorneys who just love clients like that because theychildren. I ought to know, I was one of those kids
know they can make a lot of money off of you. But ifcaught in the middle. This is why I do what I do. Using
you have a self employed spouse, you NEED them tomediation instead of litigation brings some sanity back
cooperate. You know what your grandmother used tointo the divorce process because the adversarial
say about catching more flies with honey. A long,system destroys families. So ask yourself, what kind
expensive, adversarial divorce will not produce aof divorce do you want? Peaceful divorce is an idea
workable result when the side who owes the supportwhose time has come.