Irvine, CA family law attorney Marc Garelick talks about how mediation works in divorce cases. He emphasizes that mediation is a crucial topic in any divorce, domestic violence, or custody case. His first recommendation is to explore how to resolve matters amicably. Resolving disputes without going to a judge benefits everyone, because a judge has no prior knowledge of the family, the children, or the history, and only has a brief moment to make life-altering decisions.

He notes that mediation comes in many forms. In simpler cases, mediation may involve just the two attorneys or a single mediator sitting the parties down, reviewing the issues, and helping the parties reach a compromise. In more complex cases, a solo mediator may not be sufficient. In those situations, professionals on both sides—such as forensic accountants—may work up financial information like balance sheets or cash flow analyses.

He often sees complex cases resolved with a retired judicial officer acting as a settlement officer or private judge. Each side has their professionals present, and the settlement officer facilitates negotiations to reach an amicable resolution.

The benefits of this approach are significant. First, it saves substantial legal fees compared to going through the court system. Second, it allows the parties to resolve matters amicably rather than becoming another case in the crowded court system. Third, if a settlement cannot be reached because one side is unreasonable, the parties gain valuable insight from a judge about how the case would likely play out in court. This knowledge helps them make more informed decisions regarding the time, energy, and money they are willing to invest in litigation versus compromise.

He stresses that understanding the costs and effort involved in pursuing a case in court enables clients to make better, more strategic decisions about whether to fight or settle.