Mediation vs. Litigation: Which is Right for Your Divorce in San Joaquin County California?

Navigating the California divorce process is never easy. Even if you and your spouse are parting ways on amicable terms, the formal steps to finalizing your divorce can be a bit overwhelming.

But if you have any kind of disagreement about the details with your ex? The process becomes even more time-consuming and stressful.

Either way, one of the first things you must decide on together is how to move forward with the proceedings. When it comes to divorces in San Joaquin County, CA, two common choices are litigation and mediation.

At Bansmer Law, our attorney Erica Bansmer has over a decade of experience helping people successfully resolve their divorce cases—no matter which route they choose.

That is why we put together this guide on mediation vs. litigation, and how to tell which is right for your divorce in San Joaquin County, California. Keep reading to learn the pros and cons of mediation, plus how to protect your best interests throughout the process.

What is the Difference Between Mediation and Litigation in a Divorce Case?

During mediation for a divorce case, you and your ex meet with a third-party, completely neutral mediator. This person will facilitate discussions between you two, with the goal being to divide assets, figure out custody and child support, and any other matters involved in your divorce.

Mediation requires both of you to be civil, polite, and open-minded as you work towards resolutions. While a mediator cannot offer any kind of legal advice, you and your ex are encouraged to each work with an attorney. This ensures your rights are protected and the outcome is fair to you.

All decisions reached during mediation must be mutually agreed upon by you and your ex.

With litigation, someone else—a judge—decides on the details of your divorce agreement. Your attorney will handle most of the negotiating on your behalf, unlike mediation. You also must appear in court as directed, whereas you have some control over when meetings with your mediator take place.

Lastly, litigating your divorce case means airing quite a few private details publicly. Everything will be entered into the court record, which then becomes public record. Children are also often pulled into the proceedings when you choose to litigate. Mediation, however, is completely private and helps protect your children from getting swept up in the drama.

What are the Benefits of Choosing Mediation Over Litigation in a Divorce Case?

The potential benefits of choosing mediation over litigation in a divorce case are:

• Saving a considerable amount of money, as divorce through mediation is typically less expensive
• Finalizing your divorce faster than through litigation
• Mediation is both voluntary and informal, making it much easier to reach decisions without feeling pressured
• A lesser negative impact on your children and/or personal emotional state, as mediation is more amicable and peaceful than going to court
• You have more control over your divorce since a judge is not making all the decisions
• An overall better long-term relationship with your ex, which is important if you will be co-parenting

If both parties are willing to have an open dialogue and communicate respectfully, mediation is an excellent option for your San Joaquin County divorce case.

What are the Drawbacks of Mediation in a Divorce Case?

The potential drawbacks of mediation over litigation in a divorce case include:

• The inability to ask the mediator for legal advice
• Difficulties making progress if you or your ex struggle to communicate amicably
• Your ex hiding assets or details during mediation which are not ever discovered
• Urgent or serious issues, such as abuse, can not be dealt with through mediation
• The mediator cannot guarantee the outcome will be fair to both of you

When you work with an expert San Joaquin County divorce attorney, most of these drawbacks can be avoided altogether.

You can get all the legal advice and support you need, plus you have someone looking out for your best interests. You do not have to worry about your spouse hiding assets from the mediator or winding up with a resolution that favors your ex.

How Much Does Divorce Mediation Cost Compared to Litigation in San Joaquin County?

The cost for mediation in San Joaquin County, CA varies greatly depending on the assets involved, emotional states of you and your ex, and when you decide to begin mediation.

You see, quite a few people spend substantial amounts of time and money on divorce proceedings before considering working with a mediator. The longer you wait to take this step, the longer tempers will flare, and the higher tensions will rise.

This means many, many more hours of legal counsel and mediation meetings need to happen before a resolution can be reached.

All of this said, mediation is almost always far less costly than litigation. Litigated divorces in San Joaquin County cost about three times as much as a mediated divorce on average. And in most cases, choosing to go this route early on will save you even more money.

How Long Does the Divorce Mediation Process Typically Take in San Joaquin County, CA?

In San Joaquin County, CA, the divorce mediation process typically takes between three and six months. But you should also know that many divorces are anything but “typical.” Every marriage is different, from the issues which result in divorce to the individuals in the relationship.

Lastly, keep in mind that getting divorced in California takes at least six months due to laws regarding a waiting period. But the average time to finalize a divorce via litigation is closer to 15 months.

On average, choosing mediation for your San Joaquin County divorce means you will have it finalized faster than if you had chosen litigation.

In What Situations is Litigation Necessary or Recommended for a Divorce in San Joaquin County?

Litigation becomes the best course of action for a divorce in San Joaquin County when:

• Conflict is extremely high between both parties, to the point of disrespect and the inability to remain civil
• One or both parties are unmotivated to compromise or reach an agreeable solution
• Disagreements over the value or maintenance of certain assets creates an impasse

Any one of these scenarios can bring divorce mediation to a screeching halt. Once discussions come to a head like this, getting back on track and reaching an agreement becomes nearly impossible. Litigation, at this point, is likely necessary.

But you can take steps to prevent mediation from going poorly. With a skilled San Joaquin County divorce attorney on your side, you stand a much better chance of winning the best possible outcome—even if you are not currently confident you and your ex will agree on every single detail.

If you want to pursue mediation for your divorce, we invite you to contact San Joaquin County Divorce Law Firm Bansmer Law. Our attorney, Erica Bansmer, has helped people like you navigate even the most complicated divorces for over 10 years.

Ready to discuss your situation or learn more about divorce mediation in San Joaquin County? Just call our law office today at (209) 474-2400.