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Mediation (6)

Mediation

Mediation

A couple deciding that their marriage should be terminated faces perhaps the most difficult decision they will ever make. Divorce can occur as the result of a wide variety of reasons. If both partners wish to make their divorce proceedings as quick and amicable as possible, a mediated divorce is often the best option. This form of divorce allows spouses to come to an agreement they both find satisfactory. A mediator will participate in the process to ensure that both sides are treated fairly and justly.

In mediation, the process can be overseen by either one or two attorneys. All parties involved will work diligently to settle any problems that could make the divorce more difficult than it needs to be. Mediated divorces have a number of benefits, such as being less costly and quicker than a contested divorce. The stress that can result from a troubled divorce is also significantly lessened. The shorter time in resolving issues, however, does not mean that the process will be less professionally executed.  Overall, it’s important to know that a family law litigator can help in making the process as easy as possible.

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Read the following to better understand how mediation works.

Reducing Stress Through Divorce Mediation

Reducing Stress Through Divorce Mediation

Divorce is often a lengthy, stressful, and emotional process for many couples who decide to separate. One divorce option that many couples fail to consider is mediated divorce, in which a mediator from a neutral third party can help the couple reach a fair settlement while avoiding time in court. Couples who choose mediated divorce typically find the process to be much smoother and less stressful than other processes.

If you or someone you know is interested in mediated divorce, contact the San Diego divorce mediators of Fischer & Van Thiel, LLP, at 858-935-6211. We can help you navigate the divorce process with as little stress as possible.

Benefits of Divorce Mediation

There are many benefits to mediated divorce because it allows couples to have much more control in the divorce process. During a mediated divorce, the divorcing couple and their attorneys will meet several times in order to agree upon a mutual and fair settlement. Some of the benefits of mediated divorce include:

  • Confidentiality
  • More control and power over the process
  • Easy manageability
  • More likely to reach a fair and equal agreement
  • Typically saves time
  • Reduces stress

Couples who are parting amicably tend to be the best candidates for mediated divorce as they are responsible for creating a divorce agreement without the intervention of a court. If you want a divorce, mediation may be a viable option for you and your spouse.

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If you or someone you know is considering a divorce, contact the experienced and trusted San Diego divorce mediator lawyers of Fischer & Van Thiel, LLP, at 858-935-6211 for more information regarding divorce mediation.

The Benefits Of Collaborative Divorce

The Benefits of Collaborative Divorce

If you’re facing a divorce, you may find yourself worrying about the future. Specifically, the months and months of frustration ahead of you as you fight your way through the courts, battling over child custody, property division, alimony payments, and all of the other little arguments that take place in divorce proceedings. Fortunately, it doesn’t have to be this way. In a lot of modern divorces, the spouses are just looking to reclaim their lives and move on. If you’re one of these people, you may want to consider a collaborative divorce.

The collaborative divorce has a lot of inherent advantages over traditional litigious divorces. , which is a series of compromises As you probably know, a collaborative divorce is one in which both partners work together to create a fair, equitable, and personal divorce agreement, worked out by the spouses and their attorneys. Naturally, such a divorce has many upsides, including:

  • Duration. The collaborative divorce eschews the long, drawn-out court battles of traditional divorce proceedings, allowing you and your former spouse to move on much quicker.
  • Expense. Because there are fewer court fees, fewer legal fees (because the process is so much quicker), and fewer expert fees (since experts are hired jointly), you can end up saving a lot of money over other kinds of divorce.
  • Fairness. Because the terms of the divorce are tailor-made by and for the people actually getting a divorce, there’s a lot more built-in equity to the process. Studies show that couples who had collaborative divorces are much more likely to stick to the terms of the divorce than are couples who had a court make all the decisions for them.

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If you and your spouse are looking to move on with your lives without the vicious courtroom antics of the usual divorce proceedings, a collaborative divorce may be the perfect thing. For more information about how to obtain one, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP by calling 858-935-6211.

The Benefits Of A Mediated Divorce

The Benefits of a Mediated Divorce

Because of the changing perception of divorce in this country, many couples find as they go through the process that they are less interested in hurting the other party or “winning” than they are about parting ways amicably and getting on with their lives as quickly as possible. With this in mind, mediated divorce has become a popular alternative to the traditional, litigious style of divorce.

If you or someone you love is considering filing for divorce, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP, by calling 858-935-6211.

Understanding the Divorce Mediation Process

In a mediated divorce, the couple hires a mediator to serve as a neutral third party who can help guide the process and provide legal background without offering legal advice to either party. Other attorneys can be hired to represent the spouses, if warranted. The goal is to reach an amicable compromise on all the important issues of divorce, such as alimony and child support payments, division of property, and child custody.

Because there is no long, drawn-out court battle, legal fees tend to be lower in mediated divorces than in traditional divorces. And because the mediator works with the spouses to come up with a custom-made divorce agreement, both parties tend to be much happier with the compromise than they would be with court-ordered terms. As a result, they’re more likely to honor the terms of the divorce.

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If you think that a mediated divorce might be right for you, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP, by calling 858-935-6211 today.

Arbitration

Arbitration

Most couples who decide to get divorced use litigation as their method of settling the situation. What some people don’t know, however, is that there are alternative methods available to resolve your domestic issues. These techniques, which on the whole are known as alternative dispute resolution (ADR) practices, include items like mediation and arbitration. ADR takes place outside of the courtroom, and a resolution is reached with the help of an outside and unbiased, third party.

During the arbitration process, the third party decides the (legally-binding) outcome of the divorce. The divorcing couples and the arbitrator sit down and discuss the situation. After hearing both sides of the matter, the arbitrator comes to a solution, by which both disputing parties must abide. As you can see, it is very important for a divorcing couple to select an arbitrator that they trust to make a fair decision. There is also very little chance of appealing the outcome, so again, it is essential to select an arbitrator who will have a sound and just outlook.

Alternative dispute resolution tends to be cheaper and faster than the trial process. It is a great way to speed up the divorce process in situations that have been put off due to a packed court schedule. ADR is also, in general, more casual, and the disputing parties have a bit more control over the outcome. For example, during mediation, they actually come to a resolution together. In the arbitration process, they set the rules and boundaries of the arbitrator.

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If you are interested in using arbitration to resolve your domestic argument or settle a divorce, then the San Diego divorce lawyers of Fischer & Van Thiel, LLP can help. To speak with us about your situation and learn more about your options, contact our offices today at 858-935-6211.

Divorce Mediation

Divorce Mediation

Divorce mediation, is not, like some people believe, an attempt to get the quarreling couple back together for a happily ever after. Divorce mediation is not solving people’s differences or making one person understand their place. Mediation is a process to help both parties understand where the other party is coming from, so that they can better understand their wants and needs.

There are many benefits that can come from using a mediator for the splitting of your marriage. In you are on good terms with your spouse, have children between you, or want to remain friends after the divorce, choosing mediation is a great choice. Mediation relies on both people acting more personally, sitting down at the same table rather than on different sides of a court room, and having a civil, mature discussion. In most cases, going to the courtroom is a measure of last defense when all differences cannot be overcome.

Mediation is also a much more private way of dealing with divorce. It also allows the children to be less harmed as they see their parents fight amongst themselves. Mediation is a much shorter process, because it involves fewer people and is not involved with the court, which is famous for its thick bureaucracy.

Trying mediation first is sure to make your divorce process smoother and less painful.

Contact a San Diego Divorce Lawyer

If you or someone you know is involved in a divorce and needs legal advice on mediation for their particular case, contact the San Diego divorce lawyer of Fischer & Van Thiel at 858-935-6211 today.

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