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Mediation


Divorce can easily turn into an emotionally draining, time-consuming, and costly process as there are many issues that must be resolved before the divorce can be finalized.  It benefits both parties to settle the terms of their divorce as quickly and amicably as possible.  When a couple going through divorce is able to put aside their differences and reach mutual decisions, both parties will save time, money, and unnecessary stress and anxiety. 

Why Mediation?

 

Mediation is an extremely effective tool in divorce law, and if utilized successfully is an ideal platform for settling a divorce and resolving marital issues.  When Mediation is successful it allows a couple to save a great deal of time and money.  However, if a divorcing couple is unable to resolve the terms of their divorce through mediation, their case will move to court where a family law judge will determine how the divorce will be settled.  Going to court takes control away from the couple and puts it in the hands of a judge. 

How does Mediation work?

 

Traditionally, Mediation entails both parties appearing with their separate attorneys before a neutral trained mediator who will assist them in reaching decisions over marital property division, child custody, spousal support, child support, and other aspects of their marriage.  Over the years Mediation has evolved to encompass many different techniques that can be tailored to work best with your specific case.

What if I have an Uncontested Divorce?

 

If the couple has successfully navigated the largest hurdle, reaching an amicable agreement, the next important hurdle is actually filing for divorce and memorializing their agreement into a legally binding document.  The most cost effective option when the couple has come to an agreement would be for Mediation Lawyer Bree Celeste Winterbotham to act as a Scrivner for the couple.  Acting as a Scrivner is very different from the traditional Mediation approach due to the fact that the Scrivner attorney does not advocate for either party, they are impartial.  The Scrivner attorney’s task is to draft the necessary legal documents to successfully allow the couple to obtain a divorce pursuant to the terms that the couple has reached.  This is a non-adversarial approach and works best with a couple who does not have complicated issues and have already or will be able to amicably reach an agreement.  If the parties are unable to reach a final agreement, the Scrivner attorney cannot act as the attorney for either party individually.

 

More complicated divorces can benefit from the Collaborative Divorce process, which entails both parties being represented by attorneys who agree to not litigate the divorce in court and instead will work to assist the couple in reaching a settlement.

 

Divorce is an emotional time, and emotion sometimes can impede a well intentioned couple from reaching an amicable divorce.  Thus including a trained marriage and family counselor who can address the emotional aspect of divorce can be a useful tool to include in the Mediation process.

Orange County Mediation Attorney

Contact Orange County Mediation Lawyer Bree Celeste Winterbotham

 

Whichever form of Mediation you choose, Attorney Winterbotham offers the experienced legal guidance you need.   Ms. Winterbotham has a great deal of knowledge and experience in California divorce law, and can confidently advise you at your mediation hearings and make sure your rights are not overlooked or ignored.  Furthermore, before you even head to mediation, Ms. Winterbotham will sit down with you to explain your rights, discuss your best options, and learn what you wish to achieve.  During the mediation hearings, Ms. Winterbotham will remain by your side to make sure your goals are achieved, and that your rights in regards to property division, child custody, child support, and spousal support are acknowledged, honored, and upheld. 

 

 
             
 
           
 

 

 

 

 

 

 


Tel: (949) 200-7336

   

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Copyright © 2005-2014 by The Law Offices of Bree Celeste Winterbotham.  All Rights Reserved.  The information on this site is not, nor intended to create legal advice.  Moreover, please be advised that no attorney-client relationship is created herein.  Every legal situation is unique and requires individualized legal advice.  You should not act upon or rely on any information in this website without consulting an attorney for individual advice regarding your specific situation.