Why Is Divorce Mediation Underused?

by | May 17, 2013 | Firm News |

Obtaining a divorce in Sacramento County can be financially and emotionally expensive for both parties.  It seems you cannot meet anyone these days that has not heard of someone experiencing a bitter and nasty divorce.  In a bitter divorce, there are usually many court hearings and trials over nearly every issue, angry emotions, upset children, and seriously depleted assets.  In contested divorce cases, everyone loses.

Not every divorce has to be a painful affair.  For parties who are committed to resolving their broken marriage in a responsible manner, they can jointly hire a lawyer trained in Granite Bay divorce mediation.  This is a particularly good idea if both parties are committed to negotiating a resolution and avoiding expensive court litigation.  A Granite Bay divorce mediator will meet with both parties and help them identify the agreements and disagreements.  The mediator is neutral and fair to both clients and both parties sign an informed written disclosure that the divorce mediator jointly represents them and that they waive any concerns over a conflict of interest.

Granite Bay divorce mediators are a terrific way to keep legal costs down because both parties are splitting the cost of one lawyer and trying to stay out of court.  Once the divorce mediator has assisted the parties in reaching an agreement, they will help draft all the proper legal paperwork and get it entered with the court.

Given these obvious advantages, one may wonder why Granite Bay divorce mediation is not more heavily utilized.  In our opinion, it should be more heavily utilized because it is successful and more cost effective for the parties.  Unfortunately, there are several reasons for the underutilization of Granite Bay divorce mediation.  A major reason is that it is still not as widely known as in-court litigation.  Also parties to a Granite Bay divorce are usually too angry over the failed marriage and wish to vent their anger at their spouse in court.

If you are involved in a Granite Bay divorce and are interested in divorce mediation, please give us a call.  We can meet with both you and your spouse and discuss the divorce mediation process in a free half-hour attorney consultation.