
Divorce Mediation Facts
"Mediation" is a voluntary settlement process emphasizing informed decision-making and mutually acceptable agreements. The difference between mediating an entire divorce and going to divorce court is the difference between finding an agreement-based transition to a new life versus an order-based termination. It is the difference between voluntarily sharing information and responding to demands and subpoenas.
In a formal sense, "mediation" means "a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement," and "mediation consultation" means "a communication between a person and a mediator for the purpose of initiating, considering, or reconvening a mediation or retaining the mediator."
The Difference
In divorce court people file Order to Show Cause (OSC) hearings that order their spouse to come to court. In divorce court people file statements or declarations telling the world what their spouse is a rat, snake, sleaze or cheat. And they frequently complain about sex, alcohol, drugs, and hidden money.
In divorce court people don't seem to realize that all of this information is a public record open to anyone who is interested, including their children as soon as they are old enough to go downtown and read the file of mom and dad.
Compared to Divorce Court, Mediation is like a day at the beaches.
Mediation is Different
- In mediation we agree to agree.
- In mediation we agree not to sue each other.
- In mediation we focus on the needs of each spouse.
- In mediation we talk about the needs of the children and we look at child sharing from the point of view of the children.
In mediation we concentrate on sharing financial information by disclosing the assets, debts, income and abilities. We talk about the responsibilities between and spouses and the responsibilities that the spouses have to themselves.
I have found that most people keep the ability to talk in mediation even if there is a short-term communication problem caused by the emotions of the loss. The farther we go into mediation the easier it is to work together.
I have found that most people have a settlement idea in mind at the time they are separating and that position may be very reasonable.
I believe that a lot of people go to divorce court because they don't know about alternative dispute resolution. They go to a divorce lawyer to find out about a divorce and the divorce lawyer simply walks them into divorce court.
I am convinced that most people don't belong in divorce court in order to end their marriage and pursue happiness.
Note: Everything shared in mediation is secret and privileged.
Mr. Scott and his legal staff are dedicated to providing quality in divorce, mediation and family law services throughout San Diego and Southern California. Now recognizing more than 27 years of experience and delivering legal services as a Board Certified Family Law Specialist, specifically in the Murphy Canyon area of San Diego, CA.
Divorce mediation can help you save money. Many people make the mistake of cutting off all contact with the other person, however, this solves nothing; the most important thing is to keep all communication open and a mediator will help you do this.
Although many people are against mediation, the people who do go through it come out better. You maintain control of what is going on as well as keep all lines of communication open; one of the most important things when going through a divorce.
Would you rather stay out of Divorce Court and meet in lovely Murphy Canyon? Would you rather worry about feeding the meter while waiting for the judge to call you forward? There is alot of free parking in here. 



