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The McKay Law Group, APC
Family Law Attorneys
402 West Broadway, Suite 400
San Diego, CA 92037
P: (619) 321-6886
F: (619) 321-6889

San Diego Family Court Judges favor mediation over litigation in all divorce cases.  However, mediation is a very vague term that can cover several different options for the divorce client.

Mediated divorce.  A ‘mediated’ divorce usually involves only one attorney, a mediating attorney, which the parties will jointly retain to help them put their agreements in writing.  The mediating attorney’s job is to guide the parties through the divorce, incorporating their agreements into a written Marital Settlement Agreement.  The mediating attorney also answers their questions and advises them on community property law and on custody and visitation issues.

A mediated divorce is an excellent option in cases where:

   ¯         Husband and Wife are generally in agreement on  property division, child sharing.

   ¯         Both Husband and Wife have a realistic understanding that divorce is a ‘give and take’ situation, and each is willing to compromise as needed.

A mediated divorce is usually not a good option in cases where:

¯         Domestic violence issues or a temporary restraining order exist

¯         Husband and Wife are not in agreement on important issues, such as spousal support and custody and visitation of the children.

¯         Husband and Wife are not willing to compromise on issues.

¯         One spouse has a much stronger personality and is more capable of pressuring the mediator, knowing the other spouse will ‘give in.’

Litigated divorces and mediation.  All cases going through the court system are encouraged to attempt mediation either privately or through the court system.  Typically, the parties will need to litigation an issue that can sometimes be difficult to mediate, such as spousal support.  After a period of litigation, often the parties will work with their attorneys and a mediator to resolve the remaining issues. This can be an excellent option, as the parties have the benefit of having their own attorney who advocates their position, yet can achieve mediated ‘results’ without incurring the expenses of going to trial.