Divorces have a reputation for being intense and complicated. Because of this, many individuals don’t realize that they have other options aside from fighting their soon-to-be ex in court. Mediation is an alternative to litigation that allows divorcing couples to make compromises about their separation outside of the courtroom. With the help of an experienced divorce mediator, spouses can work together to make decisions about their divorce that they both feel comfortable with.
Tracy Duell-Cazes is a Certified Family Law Specialist by the California Board of Legal Specialization of the State Bar of California and has held this certification since December of 2002. When you work with Tracy, you can trust that your concerns are her number one priority. She will have the knowledge needed to guide you through your mediation meetings and provide you with comfort so that you are ready for the mediation sessions. In addition, she will remind you of your legal rights and prepare you to work with your spouse without sacrificing your interests. If you are considering divorce mediation, or are preparing to go through it, do not wait to discuss your concerns with Tracy Duell-Cazes.
Divorce Mediation is an alternative dispute resolution process where spouses work with a neutral third party, a divorce mediator, to work through the family law issues of separation and divorce. This includes everything from spousal support, child support, custody, visitation, and division of assets. By using divorce mediation, a separating couple can avoid long court dates and instead schedule constructive meetings that do not include court waiting time until it is your turn to be heard by the Judge. The primary benefit of going through divorce mediation is that the final divorce is based on terms that were stated, negotiated, and agreed to by the couple themselves instead of a judge. This often helps them feel more confident with their final divorce order.
Couples that utilize mediation instead of a more adversarial approach to divorce through the courts have a greater chance of working together to ensure that the kids are happy and taken care of. Through mediation, there is also a much lower chance of winding up back in court due to one ex-spouse defaulting on the agreement or wanting to change the deal’s details.
Mediation is a relatively simple process where a couple going through a divorce sits with a mediator to finalize the divorce agreement. The couple will discuss matters, such as child custody and spousal support, until they can come to a compromise on each issue. This is a confidential process, which means that anything said at mediation cannot be used outside of mediation in court. There are usually no lawyers present for the mediation sessions. The presence of lawyers has the potential to turn the process into an adversarial one. The main point of mediation is to keep the process civil and out of the courts.
A mediation coach can help you get through the mediation process, which is often overwhelming. Through the mediation coaching process, Tracy Duell-Cazes will discuss what points you must review, offer legal advice, discuss what areas may be negotiable, and what areas you will want to stand your ground on. Tracy will get you ready for the mediation process by letting you know what to expect and discussing negotiation tactics. Finally, Tracy will work with you to develop strategies, so you are comfortable working on your own when the time comes to work toward a fair settlement for everyone.
Even though mediation does not involve lawyers, you are still able to have an attorney in your corner to give you the appropriate guidance to help you make the best decisions.
Deciding to take the route of mediation comes with a collection of different benefits for separating couples. The following are just a handful of the advantages that come with mediation:
Litigation is an extremely grueling aspect of the law that can take over a divorce when it is contested. If a couple decides to use mediation methods instead of litigation, they can avoid having to go to court constantly to fight for the decision they want to be made. Mediation allows couples to come together in a more comfortable environment to discuss their needs with a professional who can help them make efficient decisions. This ultimately helps a divorcing couple save money and time.
In highly contested divorces, all decisions on a final divorce order are made by a judge during litigation. In mediation, however, both spouses can create the terms of their divorce decree. While the terms may not be exactly what you had hoped for, mediation creates a divorce order through constructive discussions and compromise. This allows both spouses to feel much more comfortable with their divorce decree than when a judge determines the entire document.
The average divorce in California takes anywhere from six months to over a full year or more to finalize. This is because there is a mandatory six-month waiting period for terminating the status of the marriage (also known as being divorced) no matter how quickly you have settled the other issues for divorces in the state. However, if a couple chooses mediation to end their marriage, they can drastically speed up their divorce process by cutting out extra court dates.
If you and your spouse have decided to end your marriage amicably, choosing mediation can help give you a much smoother separation. Call the Law Office of Tracy, Duell-Cazes, also known as TDC Family Law, to discuss your upcoming mediation sessions in San Jose today. You can reach Tracy at 408-267-8484.
1530 The Alameda, Suite 108
San Jose, CA 95126
TDC Family Law serves the entire state of California for Contempt of Court and Private Settlement Judge & Mediation
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