Carlsbad Mediation Lawyer
Divorce does not have to be a battle between two warring factions that were once husband and wife. When used properly, mediation can be an effective tool to handle even the most contentious divorce. Mediation is most useful in reducing costs and attorney fees where parties completely understand their legal rights concerning a particular asset or issue. At this point, if the problem remains unresolved, a knowledgeable neutral person should be able to resolve any conflict. Reasonable minds may differ, but it’s the fool that spends a fortune on the difference.
Hopefully, the divorcing parties can settle their disputes by listing assets that must be divided between the parties on an accounting page. Once the parties have taken a position on value the matter should settle even before a mediator is employed.
Understanding your claims and property rights deflates anger and false problems which otherwise fuel extended legal battles. Good case management and mediation, when needed, save time and money. A good accounting of assets forces each side to focus on the problems to determine if mediation is warranted. If so, it is usually preferred to work out a resolution that satisfies the parties rather than a quick judicial order.
The process of negotiating the terms of your marital solution through a mediator can save you time, money and a great deal of stress, when it is done right. We will help you focus on the issues that need to be addressed during your mediation, and by doing so, we hope to acquire sufficient information to settle the case outright, which happens over 90% of the time.
Identifying Your Needs for Settlement, Mediation, or Litigation
At the Law Office of Rickard L. Borg, we find that in preparing a family law case for mediation, the cases that are most often resolved through a settlement offer are based on the accounting work we have done in anticipation of mediation. This settlement offer saves clients substantial sums by short circuiting the mediation process. We will discuss the options available, and we will review your case in detail. We promise to inventory your assets and prepare a basic accounting, to determine how to best proceed with aspect your case settlement, mediation, or court which ever is warranted as being in your best interest to save on fees costs and heartache.
The Process of Mediation
When both parties are committed to the process, mediation is a cost-effective, time-saving approach to resolving asset division problems. The process provides an open forum where all matters are placed on the table and all opinions are respected. Mediation can not only bring closure, but also facilitate positive post-divorce relationships in the future.
Many attorneys promote mediation as a forum to begin discussions on the inventory of assets. This use of mediation is in our opinion a slow and costly approach. The inventory of assets is in our office most economically completed in the working relationship between the lawyer and the client. This is a task that must be completed in all cases and is a step in completing court required disclosures. It is our opinion that if this process is allowed to be done with neutrals the process may well be more expensive if mediation begins before the issues are evaluated. Without the proper evaluation of issues your mediation will be less successful requiring numerous sessions if you are not well prepared.
Our dealings with you will be honest and we will take a fair and reasonable approach to resolve the outstanding issues in a divorce through first a settlement offer, if at all possible, and if that fails we are always ready to mediate any unresolved issue rather than going to court. We follow the court rules to meet and confer before taking matters to court.
So How Does Mediation Work?
Mediation is an open forum involving you, your attorney, your spouse and his or her attorney. In the forum, all divorce matters are placed on the table, and all opinions are respected. Throughout these discussions and negotiations, control over your future, your finances and your kids’ futures stays in your hands and out of the hands of a judge you have never met. The parties agree to reach decisions on all divorce matters. The parties mutually arrive at a divorce settlement agreement that includes decisions about the following:
- Child custody and visitation;
- Child support;
- Spousal support;
- Property and asset division; and/or
When both parties commit to the process, resolution can be obtained in a cost-effective, timely and relatively amicable manner. Mediation brings closure and sets the foundation for facilitating positive post-divorce relationships in the future. The parties essentially present the divorce settlement agreement to the court, it is approved, and the divorce is finalized. Our law firm finds that most people emerge from the mediation process with their wits intact. While the process of divorce — no matter what method you use — is never easy, it is our hope that mediation will minimize any unnecessary expense, pain and stress.
Contact our Carlsbad office today to schedule a consultation with an experienced and cost-conscious divorce lawyer who will try to settle your case economically and use mediation if warranted to avoid unnecessary courtroom hearings. Evening and weekend appointments are available.