Litigation vs. Mediation
Litigation or Mediation?
There is no single outcome which works best for every case. Your set of circumstances are unique and all your own. You can count on Christine A. McClane and McClane Law Corporation to speak with you honestly, openly, and provide you with the options which are available to you.
One of the first decisions to be made in any Family Law matter is whether your case can be resolved through mediation and other settlement options, or if you must seek Court intervention to resolve your most pressing concerns.
Mediation is a process whereby parties can reach an agreement with each other on all issues. If you choose mediation, you and the other party can resolve your family law dispute without going to court.
In mediation, you and the other party decide the outcome without someone else telling you what the decisions and Court orders will be. The mediation assists you in reaching agreement, writing up agreements that work for both of you and guiding you through the necessary items which must be included by law.
With the help of a licensed attorney you will be able to make your own agreements while still ensuring that the terms you want are enforceable, they are what you intend, and that the provisions of your written agreement comply with the legal requirements of the State of California.
- In mediation, you decide what parenting plan is best for your child.
- You decide what child or spousal support amount must be paid or received.
- You decide what division of your property is acceptable to you.
- You decide which assets remain in your possession.
Another obvious benefit of mediation is that it is a lower cost option.
Mediation is typically much less expensive. Often the parties are unrepresented or consult with independent attorneys on a limited basis. The parties typically share the costs in mediation. Of course, you can always seek the advice of independent attorneys at any point through the process. However, it is far less expensive to retain a separate attorney simply for review of documents and basic advice about agreements prior to signing, rather than full representation for the entire matter.
Litigation becomes necessary in many cases because unfortunately, not all matters can be resolved through agreement. Some parties are not ready to settle or are not candidates for mediation so they must proceed to Court intervention to obtain a resolution.
Sometimes litigation is necessary because you are dealing with an emergency situation and you are in fear of the other party. Sometimes, you simply cannot reach an agreement.
Christine A. McClane is ready to fight for your interests should you need to proceed to the courtroom. Christine is a zealous advocate who will listen to your needs and goals. She will work with you toward seeking orders which will resolve your problems so you can move forward with your life.