Los Angeles, CA family law attorney Joanne Ratinoff talks about the advantages to the mediation process.
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There are many advantages to mediation especially in the family law context. First of all, mediation is confidential. Anything that is said by any person participating in the mediation is confidential and can’t be used in court. Most of the papers and notes and memoranda and e-mails that are used solely for the purpose of the mediation are likewise confidential. It should be made clear, I should make clear that documents that otherwise are not confidential such as for example, tax returns or financial statements or settlement closing statement in real estate those are produced for other purposes. You don’t, the fact that you use them in mediation doesn’t make them all of a sudden confidential.
But the most important aspect and advantage of medication aside from its confidentiality is that people who come to the table and create and make their own agreements are far more likely to abide those agreements than the edict from the person in the black robe and the judge makes an order and the parties hate it. And they go well, that’s not what we wanted. And then you’re stuck with it unless you want to then renegotiate and modify what the judge made. But if you can do that you might as well have made your own agreement in the first instance as far as I’m concerned.