Orange County Divorce Mediation Lawyer

Orange County Divorce Mediation Attorney

Under the right set of circumstances, mediation of an Orange County divorce may be a very successful and cost effective way to resolve conflicts in a high net worth or more traditional divorce. However, mediation is not the right solution for everyone. Mediation entails potential and serious risks and pitfalls. Mediation is not a good choice for couples who have a history of deceit, control issues or violence. But it is a viable option for couples who trust one another, who agree on the definition of “fair,” agree to obtain a divorce and who both seek to find a resolution in the most expeditious way possible.

At Minyard Morris , attorney Michael A. Morris uses his extensive experience to serve as a mediator or a mediation consultant for clients throughout Orange County. When mediation is the best option, he supports clients who wish to pursue this avenue for resolution of an Orange County divorce.

Mediation of an Orange County Divorce Can Present Complex Challenges

A divorce is a financial transaction – a division of a financial partnership. A mistake made in the divorce, whether high net worth or traditional, may have long-term and devastating consequences that are irrevocable. Many people mistakenly believe that mediation is always quick and cost-effective because there are no lawyers involved and no trial is needed. However, mediation can and does fail. In these instances, attorneys and a trial are needed in order to resolve the case. If mediation is unsuccessful, costs increase, as does the time investment required to attain a successful dissolution.

To be clear, for good mediation candidates, mediation is an attractive option for an Orange County divorce.

Care should be given to protect against on spouse attempting to use mediation to delay the divorce, either for emotional or financial reasons. Mediation is about negotiation. If one party is a superior negotiator or holds a disproportionate amount of power in the relationship, mediation can create a significant advantage for that party. If you believe mediation is the correct option for you, always seek the guidance of a mediation consultant before and during the process of your Orange County divorce.

Although the thought of divorce litigation conjures up fears of a long, drawn-out process and excessive legal fees, a skilled divorce attorney can generally move a case efficiently and strategically through the legal process. Forgoing mediation does not mean that you cannot settle part of your case, or even your entire case, whether high net worth or more traditional divorce through reasonable, good-faith negotiations between divorce lawyers.

The key is for both parties to retain an Orange County divorce lawyer who have an interest in reading an agreement versus having a trial.

Complicated Disputes Through Mediation

Mediation offers numerous benefits over traditional litigation. The parties retain greater control over the outcome, their family matters remain private and the cost tends to be much lower.

At Minyard Morris, we bring over 350 years of combined experience to the practice of family law. With a team of 20 attorneys, all of whom are well-versed in handling complex or difficult legal concerns, we can assist you in seeking favorable resolutions through mediation. Individuals and families throughout Orange County turn to us for our strategic mediation counsel backed by a record of positive outcomes.

Can Complex Or High Net Worth Cases Be Mediated?

If the issues involved include a business, complex tax issues, separate property or tracing issues, or other complex financial issues, divorce mediation may be particularly problematic.

• How is a business valued in divorce mediation? Experts are necessary to value a business unless the value is not important to the parties or the parties elect to guess at the value. A divorce mediator will not have the skill required to value the business. Even if the business is valued by an impartial and qualified expert, will both parties understand the nuanced financial issues related to the business appraisal? Will both parties see the discretionary decisions made by the appraiser and understand their significance?
• Will the family CPA be required to assist with financial issues in the divorce mediation? Is the family CPA “loyal” to one party, or will they impartially assess tax and other financial issues? The family CPA will most likely not have experience in divorce valuations (which are very different than valuations in the real world), and they will almost certainly know which spouse they will work with after the divorce, which may impact their opinions. The experience and training of the typical CPA is vastly different than that of a forensic accountant in family law.
• Do both parties have access to the same financial records and have the skills necessary to understand the records and concepts?
• Do both parties have the financial knowledge and experience necessary to understand the nuances of many divorce issues? Do both understand issues like separate property, tracing, commingling, transmutation, tax, imputation of income, etc.? A divorce transaction is often complex. Family law is generally not as simple as dividing assets 50/50 and plugging numbers into a computer program.
• Do both parties have comparable negotiating experience and skills? Divorce mediation is a negotiation from the beginning to the end. There is a reason why tens of thousands of books have been written and countless courses have been taught about negotiation and negotiation theory. The better negotiator generally wins the mediation.

If you are going through a family law challenge that involves complex factors such as high assets, business shares or a custody dispute, we can assist you. Contact our New Port beach office to establish an initial consultation with one of our team members. To begin, call 949-724-1111 or send us an email.

Divorce Mediation vs. Litigation

The method you use in your divorce, custody dispute or another family law matter can have a significant impact on the outcome. It will also affect your finances and your relationship with your ex.

At Minyard Morris , we understand this firsthand because we have represented thousands of Orange County clients in both litigation and mediation. With more than 270 combined years of experience, our family law attorneys understand the many nuances of alternative dispute resolution, trials and when to use each method strategically to protect your best interests.

Which Method Is Right For Me?

Determining whether to pursue mediation or litigation depends on a variety of factors. Family law mediation and traditional litigation have their benefits and their drawbacks:

• Mediation pros:
  • Private
  • Cost-effective
  • Amicable
  • More control over the outcome
• Litigation pros:
  • Power to subpoena the other party’s records
  • Resolve disputes too complex for mediation
  • Do not have to compromise on certain issues

Generally, it is wise to attempt mediation first. However, mediation is not for everybody. When you have certain priorities you are determined to uphold, or items in your divorce you simply will not budge on, mediation may be inefficient and a waste of resources. At Minyard Morris , we let clients know that if they choose to pursue mediation, they need to prepare to give 51% to the other side. If they are unwilling to do so, they may as well pursue litigation from the start.

If mediating a dispute does not work, or if you have one or more issues in contention, a traditional trial might be a better fit. Litigation does not necessarily have to involve an aggressive bulldog approach. Often, it is the more effective way to resolve complex disputes that resist mediation.

When you are going through a divorce or other family law concern, the attorneys at Minyard Morris have the knowledge and experience to aid you in making the right decisions. You can speak with one of our lawyers about whether to pursue litigation or mediation. To begin, schedule your free consultation by calling our Newport Beach office at 949-724-1111 or by using our online contact form.

Is Mediation Right For Me?

If you are planning and are interested in mediation, Minyard Morris is the law firm to represent you. The 20 divorce attorneys on our team have experience representing clients in a spectrum of family law mediation sessions. Our collaborative approach, outstanding client service and record of successful resolutions make us one of Orange County’s most desired divorce firms. You can place your trust in us with the knowledge that we handle your case with the utmost confidentiality and transparency.

Are You and Your Spouse Candidates for Mediation of Your Orange County divorce?

In order for mediation of an Orange County divorce to be successful, the parties must both be good “candidates” for the mediation process. Being a good “candidate” generally means that both parties:

• Are willing to allow the other person to receive 51% of the assets;
• Do not have a psychological need to win;
• Trust each other. Divorce mediation is not a process designed to verify facts, investigate financial issues and question suspect expenditures. If there is a lack of trust, divorce mediation is not the best model.
• Do not attempt to bully the other. If one party is essentially a bully, mediation will not be “successful,” unless the other party simply gives in to the bully. In that case, the divorce mediation is “successful” because it resolved the issues, not because a fair settlement was agreed to.
• Are both ready to end the relationship. If both people are not ready to move on with their lives, divorce mediation will be a waste of time and money. A divorce mediator does not have the power to force a settlement. To reach an agreement, both people must have a desire to reach a fair resolution on all issues.
• Are both ready to resolve the issues. If either party is angry with the other or has a need to delay the resolution, divorce mediation will most likely not be successful. Anger on the part of a spouse makes mediation essentially a nonstarter.
• Have not been victims of domestic violence or abuse in the relationship
• Have essentially equal personal power in the relationship. Divorce mediation involves negotiation. Generally, the parties do not have lawyers physically present in the divorce mediation sessions and thus the party with more power and better negotiating skills prevails.
• Have essentially equal access to and understanding of the finances. Except in the area of child custody, a divorce is a financial transaction. The party with less knowledge and less experience with financial issues is at a severe disadvantage in divorce mediation. Failing to understand the financial aspects of a divorce may result in the receipt of less child support and less spousal support than is appropriate and may result in an unequal property settlement.
• Define “fair” in a similar way. Many people proclaim a desire to want a “fair” deal, but differ in how they define the concept of “fair.” In fact, the definition can be, and often is, extraordinarily different in the context of a divorce.

Divorce mediation can be an appealing option – learn whether it is right for you. If it is, we are prepared to negotiate for you tenaciously. Schedule an initial consultation in which you can discuss matters with one of our attorneys. To begin, call our Newport Beach office at 949-724-1111 or send us an email.

FAQs

The trusted family law firm of Minyard Morris has served the people of Orange County for nearly four decades. Our team of 20 attorneys helps clients with all aspects of family law and divorce, including mediation. We find that mediating a dispute often helps people find positive compromises to difficult problems without having to go to trial. With our extensive experience representing Orange County clients in mediation, we can answer the many questions you likely have about the process.

What does the mediation process look like?

In mediation, each party sits down with a neutral mediator to discuss their issues. Parties may each consult with their individual attorneys outside of mediation regarding the terms discussed in these sessions, but these attorneys are not allowed at the mediation sessions themselves. Most family law mediators are attorneys who work at firms not connected with either party or their counsel. In mediation sessions, the mediator helps both sides work through issues such as spousal maintenance, child custody, asset division and other crucial issues to find mutually beneficial solutions.

What are the benefits of mediation?

Compared to traditional litigation in which both parties appear in court before a judge, mediation has many benefits. For instance, mediation can:

• Save money
• Save time
• Maintain amicable relations
• Preserve privacy
• Retain your control over the outcome

With so many benefits, you can understand why it is a popular option for many couples who are going through a divorce, custody dispute or other family law challenges. However, mediation only has benefits when it results in an outcome. Mediation is not always a win-win solution, and if you need to pursue litigation after these sessions then mediation may end up being a waste of time and resources.

Is mediation a good fit for me?

Not everyone would benefit from family law mediation. However, it might work for you and your spouse if:

1. You are able to cooperate and compromise
2. You do not need to “win” the divorce “battle”
3. You are both ready to dissolve your marriage
4. You are both willing to share custody of your children
5. Your relationship did not involve domestic abuse
6. You have a fairly equal share of your finances

You can take a look at our comprehensive list of criteria that can help you determine whether mediation is right for your situation.

What if I try mediation but it doesn’t work?

There are some circumstances in which, even with the best of intentions, one or both parties cannot reach a resolution through mediation. If all efforts at alternative dispute resolution falter, it might be time to proceed to trial. In a trial, your counsel represents you before a family law judge. The judge issues a ruling on your family law issues.

Where can I learn more about mediation?

We have written a cohesive, completely free Guide on Family Law Mediation in the state of California.

Contact Our Orange County Mediation Lawyers

Before actually agreeing to mediation, discuss the issue with one of our a divorce attorneys who can offer insights into the process and help you prepare. At Minyard Morris, we understand that mediation is the best option for some people. We can help you ascertain whether it is the right choice for you and your Orange County divorce. Call 949-724-1111 and speak with a member of our team. You can also reach out to us online.