Southern California Family Law

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(818) 500-0511

Southern California Family Law

High Conflict Divorce and Private Mediation

Divorce - February 7, 2020

High Conflict Divorce and Private Mediation

Navigating the divorce process in California is never easy, but when the divorce is high conflict between you and your spouse the situation can be even more stressful, emotional, and difficult to manage. One of the fastest-growing alternative options for negotiating a divorce settlement is through the process of divorce mediation, and it may be the best option in your high conflict divorce. At the Simpson Law Group, our highly qualified California divorce attorneys have years of experience representing clients in high conflict situations in the divorce mediation process. To learn more about whether divorce mediation is right for your case and to speak with an expert in California divorce law, call or contact our office today to schedule a consultation.

What is Divorce Mediation?

Divorce mediation is an alternative dispute resolution method of settling all outstanding issues in a contested divorce case. Private mediation takes place outside of the courtroom, usually in an office or conference room. Each spouse retains their own attorney to advocate for their best interests to a neutral third party, known as the mediator. Typically, the mediator is a retired family law attorney or judge that has many years of experience managing divorce cases. Each spouse usually goes to a separate room and the mediator meets with each side to discuss the most pertinent issues in the divorce case. Then, the mediator goes back and forth between spouses to negotiate these matters until a resolution is formed. Once all contested matters are settled in private mediation, the mediator and attorneys draft a finalized agreement which is ultimately submitted to the court.

Mediation Creates an Amicable Environment for Negotiation

One of the biggest benefits of divorce mediation in high conflict cases is the establishment of an amicable environment to discuss the issues in your case. Divorce mediation removes the face-to-face, contentious conflict of the courtroom and separates the spouses during the process. This alone can alleviate some of the tension in high conflict divorce cases. Mediation is rooted in collaboration and communication, which can help spouses in high conflict divorce cases resolve their outstanding issues faster and with less animosity than in court.

Settling Issues Tailored to Your Unique Needs

Another benefit to divorce mediation in high conflict cases is the ability to settle issues that are tailored specifically to your needs. Every family is different, and often high conflict cases arise because of the unique circumstances. Issues of spousal support, distribution of assets, child custody, and child support that do not fit the traditional mold can quickly escalate to a high conflict situation. Divorce mediation allows you to address these special circumstances and come to an agreement that fits the unique needs of your family.

Laying the Foundation for Future Co-Parenting

Divorce mediation can be a good option for high conflict divorce cases when children are involved. It is important to keep in mind that after the dust settles on your divorce case, you will still be required to co-parent your children with your former spouse. This will require constant communication about your child’s schedule, care, and general well-being. 

Divorce mediation can lay the groundwork for better, more constructive communication between former spouses once the divorce is finalized. Because divorce mediation requires open and honest communication, compromise, and collaboration the process establishes a good base for even high conflict spouses to continue to communicate about their children after the divorce.

Confidentiality in High Conflict Cases

One additional benefit to divorce mediation occurs if the mediation breaks down and no resolution is made. If a high conflict divorce ultimately proceeds to trial and litigation, nothing said or negotiated during divorce mediation can be used against either spouse in court. All discussion is confidential during the mediation process and the mediator cannot be called to testify as to what was said during the process.

Divorce Mediator Los Angeles: Talk to Our Office Now

If you are in a high conflict divorce in California and would like to discuss divorce mediation as an alternative option to settle your dispute, call the office or contact us today at the Simpson Law Group to speak with an experienced divorce mediation attorney about your case now.

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