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San Diego Divorce Mediation

For over 4 decades, A Fair Way has been providing divorce mediation services to couples throughout San Diego too obtain a peaceful and affordable divorce. We understand how stressful divorce can be on couples, our goal is to minimize the stress and create a comfortable environment to work out the issues at hand so you both can move on with your lives. Many couples aren't sure where to start to begin the divorce proceedings, while most assume that each couple has to get a divorce lawyer and "battle it out", this simply isn't the case. This is why many couples turn to mediation as an alternative to litigation as it not only can save thousands of dollars for each individual, couples also do not go to court. All proceedings are held outside of the judicial system to allow couples to determine their future and not have a judge decide what the final outcome will be. We understand that every situation is different and never take a one size fits all approach, our team will take the time to listen to your needs.

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619-702-9174

Understanding Divorce Mediation

Divorce can be a complex and challenging process, often leaving couples overwhelmed by the legal proceedings and potential disputes with each other. San Diego divorce mediation offers peaceful and cost-effective solution to dissolve a marriage. As opposed to litigation where each party gets their own lawyer, with mediation, you both work together with A Fair Way Divorce to sort through the issues at hand with the goal to reach a mutually beneficial agreement for each side. t's a terrific cost-effective solution in comparison to litigation as it saves couples thousands of dollars while putting the outcome back in your hands, not a judge.

Why Couples Turn to Mediation

Encourages Communication

Unlike traditional divorce proceedings that can create further conflict, mediation encourages open dialogue between the spouses. By providing a supportive environment, the San Diego divorce mediation team at A Fair Way Mediation promotes effective communication allowing both parties to express their concerns and needs in a positive manner. This approach helps couples maintain a peaceful relationship, even more so when children are involved. Your San Diego divorce mediator will act as a neutral 3rd part to help sort through the issues that need to be discussed and agreed upon, giving plenty of time for each side to express their goals and work to a solution. Oftentimes with litigation, couples end up having to communicate directly with their respective lawyers which can increase the amount of time to complete the divorce and lose the ability to convey their thoughts and needs accurately to the other spouse.

Preserves Decision-Making Power

Mediation also gives couples more control over the decisions that will impact their futures. Rather than having to rely on a judge to make a final determination that will dictate your future, mediation allows couples to participate in negotiations to reach mutually agreed upon solutions. This level of control reduces the feeling of helplessnes and leads to greater satisfaction with the final settlement. Most marriages have issues that couples specifically understand for themselves, and it's difficult to have to present a case in front of a judge who does not fully understand the intricacies of your marriage and that will ultimately decide your fate based information that is provided by the respective lawyers.

Cost-Effective and Time-Efficient

Compared to a traditional litigated divorce, mediation is cost-effective alternative. The streamlined process that mediation provides can significantly reduce the legal fees. While litigation costs for a divorce can easily exceed $25,000+ per person, the average cost of a mediated divorce ranges from $3500 - $7000 (depending on the complexity of the case and the couple's ability to communicate). Mediation also provides a time-efficient solution as the average time to mediate a divorce can range from 3 weeks to 3 months, on average. With litigation, it can take up to 8 months to simply get your first hearing in front of the judge depending on the court's backlog. Couples are looking to move on and don't want the process to last longer than it needs to be which is why most couples turn to mediation.

Privacy and Confidentiality

When couples choose to go the litigation route and have their case seen by a judge, it becomes public record. In general, couples want to remain private throughout their divorce, there is no reason to have personal issues, finances, and discussions available for others to see. Mediation is the private way to get a divorce because all discussions and sensiive matters are kept out of public exposure. For mediation cases, couples do not go to court, all matters are settled out of the judicial system and once the agreement has been made, the final court papers (marital settlement agreement), are submitted to the courts to be finalized, keeping your personal matters private.

Promotes Post-Divorce Cooperation

Because mediation is the cooperative approach to a divorce, it leads to improved post-divorce relationships, even more so for those who have children. Mediation allows couples to work together to find common ground and resolve their disputes which lays the foundation for a healthier co-parenting dynamic. With a peaceful approach to the divorce, couples are able to have an agreement without anger that will lead to a better future for both.

Divorce Issues We Can Help With

With over 3 decades in divorce mediation services, we've helped 100s of couples to finalize their divorce and move on with their lives. This has given us extensive experience in a variety of issues that can come with a divorce including:

Child Support
Property Division
Retirement Distribution
Spousal Support
And even Pet Mediation!

Why Mediation vs Litigation?

Divorce mediation and litigation represent two distinct approaches to resolving marital disputes, each carrying its own set of advantages and drawbacks. Mediation is often favored for its collaborative and non-adversarial nature. In a mediation setting, A Fair Way Median's principal mediator facilitates communication between divorcing spouses, helping them reach mutually agreeable solutions regarding issues such as asset division, child custody, and support. This process encourages open dialogue, promotes compromise, and allows couples to maintain a level of control over their decisions. Mediation tends to be more time-efficient and cost-effective compared to traditional litigation, as it avoids the lengthy court battles and legal fees associated with courtroom proceedings.

On the other side, divorce litigation involves spouses resorting to the court system to settle their disputes. While litigation may be necessary in high-conflict cases or when a power imbalance exists, it often intensifies hostilities and places the final outcome in the hands of a judge. The adversarial nature of litigation can strain relationships further, making it emotionally challenging for both parties involved. The litigation process is typically more time-consuming and expensive due to court fees, attorney costs, and potential appeals. While litigation may be appropriate in certain situations, many couples choose mediation as a more cooperative alternative that prioritizes agreeable resolutions over contentious legal battles.

Divorce Mediation Questions

How much is divorce mediation compared to divorce litigation?

Many couples turn to divorce mediation as opposed to litigation because of costs. Generally, the average cost of a mediated divorce is $3500 - $7000 (depending on the complexity of the case). With lawyers, the costs can easily exceed $25,000+ (per person).

How long after mediation is divorce final in California?

On average, the divorce is finalized within a few months with the courts. The timeline is based on a variety of factors including the complexity of the issues involved in the divorce, the court’s caseload, and whether it’s contested or uncontested. Once the agreement has been reached, the divorce mediator will prepare the final paperwork to be filed with the court.

Do I have to go to court with divorce mediation?

No. This is another primary reason couples choose mediation over litigation. All discussions will be settled out of court, once the agreement has been made you will simply submit the final paperwork to the courts which your divorce mediator will prepare. Discussions in mediation are kept private, when the case ends up in court it becomes a public record.

In a California divorce, what issues can divorce mediation cover?

An experienced divorce mediation firm can cover a wide range of issues related to a divorce including: Division of Property: mediation helps couples divide their marital property, including debts and assets that have been acquired during the marriage. Child Support: through discussions, mediation can assist in determining the amount of spousal support to be paid to one spouse or the other. Spousal Support: can help determine the amount and duration of spousal support payments (if any). Retirement Accounts: mediation also helps couples divide their retirement accounts and pensions. Debt: divorce mediation can assist couples in resolving issues related to marital debt (credit cards, loans, mortgages). Business Partnerships: mediation can also help divide any business interests that have been acquired during the marriage. Pet Mediation: while not as known, mediation can also help with pet custody and support during the divorce process.

What is the difference detween divorce collaborative divorce and mediation?

Collaborate divorce and mediation are both methods that can be used in place of a traditional litigated divorce. Each methods helps couples come to a mutual agreement and avoid court. There are a few key differences between the 2 alternatives. Collaborative Divorce: Is a process where each spouse hires their own “collaboratively” trained attorney to work with them and a team of professionals, attorneys and therapists, for example. Mediation: this is the process where a neutral 3rd party (the mediator), works with both spouses to facilitate discussions and ultimately reach a final agreement. Mediators do not represent either party, they help couples identify the issues and generate options for a peaceful resolution. Key Difference: In a collaborative divorce, both parties may have their own team of professionals who work with them to find resolutions. Whereas, a trained mediator doesn’t have a team of professionals and can handle all of the aspects of the divorce.

How is child support determined in a divorce case?

Within the State of California, child support is based on a statewide guideline formulate that takes in a few different factors. Each Spouses Income: the formulate considers each parent’s income from all sources, including salary, wages, bonuses, commissions, and investments. Custody Agreement: this is the amount of time that the child or children spends with each parent (timeshare). In general, the more a parent spends with the child or children the less support they are required to pay. Childcare Expenses: if either parent pays for childcare expenses, such as daycare, those expenses are factored in to the child support calculations. Health Insurance: if 1 parent provides health insurance coverage for the child, the cost of that is factored in to the support calculation. Miscellaneous Expenses: other expenses that may be considered in the calculation include educational needs or special needs, transportation costs, or any other expenses.

What are the benefits of divorce mediation?

There are a variety of benefits to divorce mediation as opposed to litigation, here are just a few. Overall Costs: in comparison to litigation, mediation is much less expensive. The average cost of a mediated divorce is around $3500 - $7,000, the cost of a litigated divorce can easily exceed $25,000+ with lawyer fees and court costs. Less Stress: divorce mediation is designed to provide a peaceful environment to work out the issues, minimizing the level of conflict between the parties. More Control: with divorce mediation couples have control over the outcome of the divorce. They work together to come to an agreeable settlement that meets the unique needs and circumstances of their situation as opposed to a judge making the final decision. Quicker Process: the average time for divorce mediation from start to finish is around 3-8 weeks depending on the complexity of the case and the couples ability to communication.

Do we have to meet in person or can we mediate online or phone?

No. You do not have to meet in person. Discussions can be done over the phone or via online video chats such as Zoom or Skype.

How do I start the divorce process?

With divorce mediation, since mediators act as a neutral 3rd party and does not represent either spouse, it’s recommended to discuss with your spouse before exploring options. We offer a free 30 minute consultation to answer any questions you may have while also gathering information as to how we can help!

What is pet mediation and How does this work in a divorce?

While it may seem odd to many, pets are members of the family, and just like any other issues that need to be discussed, pet mediation in a divorce discusses custody and visitation of the pets. Learn More About Pet Mediation

About A Fair Way Mediation

As one of Southern California's top divorce mediators, A Fair Way Mediation has helped 100s of couples to obtain an affordable and peaceful divorce without going to court. We save our clients thousands of dollars in litigation fees and specialize in all forms of divorce mediation including military divorce and same sex divorce mediation. Our divorce mediators are skilled in all the facets of mediation and will guide you through the process. We provide divorce mediation services for couples throughout San Diego, Palm Springs, Riverside County and Rancho Mirage, Temecula, and Cathedral City.