Mediation, like arbitration, has long been part of standard litigation proceedings of business law. However, mediation can also play an important role during family law proceedings, including divorce, as a means of keeping things private, affordable and civil.
Mediation is a low-conflict alternative to traditional, litigated divorce that involves working together to set terms for all the areas of your divorce before you eventually file an uncontested divorce. Particularly for those facing a prospective high-asset divorce, mediation could be an ideal solution for mitigating the stresses and expenses of divorce.
You don’t have to air your dirty laundry in public
The more money you have and the more successful you are, the more likely it is for people to take an interest in gossip about you. Information that surfaces during divorce proceedings in court become part of the public record and could therefore wind up in the hands of business competitors or even journalists. Anything from infidelity to compulsive gambling could damage someone’s reputation if it becomes public record during a divorce.
Mediation allows you to address the impact of problematic behaviors and seek a fair solution without making the problems that occurred in your marriage public knowledge. Additionally, setting those terms in mediation ensures that no one knows exactly how you or your spouse compensate each other for the issues that arose during your marriage.
Mediation takes your preferences into consideration
For most California divorces, the primary goal in asset division is a fair and reasonable outcome, not necessarily ensuring that each spouse receives what assets they value the most. Handing the final say over to a judge means that you may not secure the specific terms or assets that matter the most to you, as you have no control over the terms that they set.
The greater the emotional value of certain specific assets in your marital estate, the more important it may become to retain control over the specific terms set in the property division process. In mediation, you have the right to request certain terms and compromise in other areas. If you want the vacation home, you can compromise when it comes to the primary house or other assets, for example.
Mediation empowers both you and your ex to find reasonable solutions for your divorce. You will retain ultimate control over all the terms that get set, allowing you to advocate for the assets and terms that matter the most to you.