Carlsbad Family Mediation Attorney

Resolving Family Disputes with Mediation in San Diego County

No one gets married with the intention of filing for divorce, but divorce is a reality that many couples face. As a no-fault divorce state, couples in California can end their marriage by declaring “irreconcilable differences,” meaning blame does not need to be placed on either spouse in order to end the marriage. As a result, couples often avoid litigation and resolve any disputes through a process known as mediation.

Divorce can be costly and time-consuming. Working with a Carlsbad mediator can help ease the process. At Beringer Law Firm, we are committed to helping clients throughout San Diego County reach a fair and reasonable agreement.

Benefits of Choosing Mediation for Family Disputes

In mediation, a divorcing couple uses a neutral third party to resolve child support, child custody, spousal support, property division, and other issues that may arise. A neutral third party can help to objectively view topics and work toward a mutually beneficial resolution.

Couples choose mediation because:

• They want a quicker and more cost-efficient divorce
• They can focus on the issues at hand rather than fault and blame
• Children are not involved in litigation proceedings
• It establishes reachable goals for both parties

Mediation is often a great choice for couples who are divorcing amicably and have few or no disagreements about the factors of their divorce. We invite you to discuss your situation with our family lawyers to see if mediation may work for you.

How Does Mediation Work in California?

While no mediation session will ever be identical between separate couples, the process remains relatively the same. The mediator's roles are to help facilitate discussions, assist with barriers to communication, and provide suggestions. Mediators are specifically trained to help couples resolve their differences in an applicable manner. Mediators will also draft a formal agreement that is fair to both parties while keeping the best interests of children in mind.

After a formal introduction, each spouse will have the opportunity to present their argument. Based off of these presentations, the mediator will assist both sides in compromising all terms of the divorce. If not all of the terms are settled during mediation, then those will either have to be brought up in court or discussed in a future mediation session.

Do I Have to Attend Mediation For a Custody Matter?

In San Diego County, the Court will order you to attend Family Court Services mediation prior to making a custody determination if you have never attended mediation or it has been more than one year since your last mediation. You may opt out of Family Court Services mediation if you reach an agreement in advance of mediation or if you decide to attend private mediation.

What Happens If You Can't Agree in Mediation?

If you and your spouse cannot agree during mediation, you may need to go to court, where a judge will review and decide your case. You may also choose to begin a new mediation, possibly with a different mediator. Choosing mediation does not mean you lose your right to go to court, and there’s no such thing as a “failed” mediation.

Even if you do not come to a final agreement through mediation, the process can help you clarify the issues you will discuss in court and resolve other problems that could affect your case.

No matter where you are in the mediation process, Beringer Law Firm can help.

Contact Our Mediation Lawyer in Carlsbad Today

Mediation is not an ideal option for all divorcing couples. When the decision to divorce is one-sided or if a divorcing couple is unable to come to an understanding of major issues, mediation may not be right. Mediation works best when a couple mutually decides to end their marriage, understands that divorce is the next step, and is generally in agreement about what to do moving forward. After building a life together, mediation offers a solution for making those difficult decisions without involving the court. Beringer Law provides the compassionate guidance and support you need during this emotional time.