A Refresher on the Advantages and Disadvantages of Mediation

Pleasanton CA divorce prenuptial attorneyAt the White Oak Law, we focus on taking clients through legal venues and options that best make sense for their legal needs. Over the years, this has made mediation a popular alternative to traditional divorce proceedings not just in our offices, but across the entire legal arena. 

Mediation and other forms of alternative dispute resolutions are favored for good reason: they carry a ton of advantages when compared to the usual costly drawn out legal proceedings. However, there are disadvantages to this approach, which means that mediation might not be right for every case.

To help you assess whether mediation is worth exploring within your divorce proceedings or other family law matters, we decided to offer a refresher on the major advantages and disadvantages of mediation. For more tailored advice, don’t hesitate to call us directly at 925-271-0999.

Advantages of Mediation

The big advantage to mediation involves the cost. As this process involves a neutral party helping you hash out terms with the ex, there’s no need for expensive court proceedings. An attorney is not necessary either, though many opt to hire a legal professional to act as a mediator. Others also choose to still have their own legal representation, a choice that is never a waste when you consider the long-term implications of your divorce resolution.

Another advantage is that mediation offers a safe, neutral ground for both parties to raise their issues and be heard. Even when things are hostile, each party can opt to speak to the mediator in separate rooms to keep the drama down. 

Not only does this process usually take less time, but it often leads to a better resolution for everyone. After all, nothing is guaranteed with litigation and mediation offers you some control over the outcome.

Disadvantages of Mediation

As effective as mediation can be, it’s not always a good idea. For example, in cases where a person has suffered abuse at the hands of their soon-to-be-ex, it is likely that mediation will fail or fall apart. Mediation is meant to be a cooperative process, something that most abusers are not willing to engage in in good faith. 

Furthermore, someone suspects that the other person is trying to hide assets or is otherwise being deceitful, taking the case to court might prove to be more effective. 

It all comes down to your specific needs and circumstances. We at the White Oak Law understand that it can be difficult to figure out your next steps, which is why our experienced attorneys are just a quick call away. 

We offer initial consultations.