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Hello, my name is Keith Dysart and I am a family law attorney and mediator in Santa Cruz California. One of my primary goals when helping a client is to minimize the stress and cost associated with their divorce. Considering alternatives such as mediation is essential if I am to meet that goal.

I'd like take a minute and talk about mediation, why it has become so accepted the last few years, and understand the benefits and challenges of it.

So why mediation has become so common in divorce cases?
There is a few reasons.

First Reason: In most cases, litigation just fuels the fighting while doing little to alter the final outcome. It is not that all cases are the same, but the court has seen so many divorces it is unlikely your issues very similar to yours have already been decided. A mediator or attorney can help you understand the law and find an outcome that is fair to everyone.

Second Reason. The court system continues to be overworked and underfunded. An unending caseload coupled with budget cuts has left judges with less time to resolve cases. In many cases mediation can provide a more personal and cost effective way to resolve your divorce.

What are some benefits of mediation?
Some of the benefits of mediation may include:
1. a more comfortable and convenient environment.
2. a more personal result and
3. a more cost- effective approach
First:
The court does not create the most inviting atmosphere. Standing in front of a room full of strangers with a judge asking you questions is unnerving. I am not saying mediation is easy, but sitting down in a private room with just you, your spouse and a mediator is much more comforting.

In addition scheduling is much more flexible with mediation. Trying to find a court date at 8:30 am morning that works for you, your spouse, both attorneys and the court can slow down the process. Many mediators will even go as far as scheduling sessions on weekends or evenings if necessary.

Second:
Mediation allows you to be creative and find a result that works for you and your family. The courts try hard to give everybody a fair result, but with the limited time they have they cannot understand your family as well as you. Your day to day knowledge of the people and relationships that make up your family can help find creative solutions that take into account your families specific needs.

Last:
Mediation tends to be much less expensive. It is important to realize that mediation does not lessen the workload. It takes the workload that your attorney and the court would be handling and shifts much of that work to you. A mediator's role in this is to help you handle this workload by providing you with the legal background you need. In addition a mediator will help you deal with formalities and paperwork of your divorce.

So what challenges come with mediation?

The primary challenge of mediation is managing discussions about difficult issues between people who probably do not like each other too much at the moment. This is part of what a mediator brings to the table. The mediator should be able to direct discussions by keeping everybody focused and limiting, blame, accusations and insults. These are not always easy things and require many judgment calls on the part of the mediator, but it should be little more than a bump in the road as long as both parties are open to finding a settlement.

Close
Mediation may not be perfect for every case, but I do believe that it should always be considered before moving on to more hostile and expensive methods.