Los Angeles, CA family law attorney Joanne Ratinoff talks about the advantages to the mediation process. She explains that mediation offers numerous advantages, particularly within the realm of family law. Firstly, confidentiality is a key benefit of mediation. Anything disclosed during the mediation process remains confidential and cannot be used in court. This includes papers, notes, memoranda, and emails that are exclusively related to the mediation. It’s important to note that documents that are not inherently confidential, such as tax returns, financial statements, or real estate settlement closing statements, retain their non-confidential status even if used during mediation.

However, the most significant advantage of mediation, apart from its confidentiality, is that parties who actively participate in crafting their own agreements are more likely to adhere to them. In contrast, when a judge issues an order that the parties may dislike, they may feel frustrated and resentful. While they could pursue renegotiation or modification, it is often preferable to have initially reached a mutually agreeable resolution. By taking part in the mediation process, individuals have greater control over the outcomes and are more inclined to honor the agreements they helped shape, fostering a higher level of satisfaction and cooperation.

In summary, mediation provides the advantages of confidentiality and increased commitment to agreements due to the active involvement of the parties themselves, offering a more constructive and satisfactory approach to resolving family law matters.