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Why You Should Try Mediation Before Legal Action

Legal battles are hard to fight out. All the technicalities and stress involved in tackling a legal case is often tiring. They take time, money, and effort out of both parties. However, there is another way to settle disputes without going to the court. Mediation is a guided negotiation between two parties for the resolution of the conflict. Mediation can save both parties the time, money, and better functional dynamics without disturbing the relationship. The following are certain reasons why you should consider mediation before taking any legal action.

1. Control Over Outcome

Since mediation is basically negotiation, both parties can make their demands and put their terms and conditions upfront. You will have complete control over the outcome of the mediation. In court, it is highly likely that one party will be completely dissatisfied with the decision of the judge. But in mediation, both parties can reach an arrangement with a compromise that suits them best.

2. Low Cost

Mediation settlements are generally less expensive than court proceedings. Traditional litigation is always pricey, and nobody has any idea what the final bill is going to be until the decision is given. With a mediation expert, you will find the entire process to be relatively cheaper than the court proceedings.

3. Faster Decision

Mediation settlements are much faster than court proceedings because you have control over the negotiation. Both parties don’t have to involve themselves in the legal technicalities and formalities. It is straight to business while you negotiate the terms and conditions to resolve the dispute. You are likely to get a faster outcome with mediation than with traditional court methods.

4. Preservation of Relationships

The disputes debated during mediation can be between families, couples, and business partners. It works for everything. A peaceful resolution where both parties get what they want through civil debate with a presence of a professional mediator. All your issues and matters remain confidential to the public. Mediation helps participants focus on effectively communicating with each other as opposed to attacking each other. This way, your relationships are also preserved.

Conclusion

The legal process can be extremely tough. All the changes and loopholes are enough to make your head spin. Whatever the case may be, your best solution is coming to a mutual decision to handle things in the best way possible. Mediation will allow you to avoid the formality of a courtroom and reach a reasonable resolution. If you are looking for mediation assistance, call the team at Family Law Richard E. Young & Associates. With our help, we’ll handle your legal problems with confidence, hope, and patience. Get in touch with us by calling (949) 951-9529 or visit our website for further information.

Child Custody and Visitation Laws in California

Whether you have been divorced or separated from your partner, child custody can become a pressing issue. The responsibilities and rights parents have over their children must be negotiated, in or out of court. These cases tend to make it into the courts because of the importance people place on their children, and the tense emotions involved. To learn about the specifics of California child custody and visitation laws, continue reading our blog post.

Types of Custody

There are two difference types of child custody: legal and physical. Legal custody refers to the parent who makes significant choices for their children, in regards to medical, education, travel, or overall welfare. Typically, legal custody is either shared between both parents or given to simply one. The second type, physical custody, refers to the parent(s) your children live with. Typically, the parents decide on joint physical custody or one might request primary responsibilities, which means the other parent has only visitation rights. It is difficult for a child to spend half their time with one parent and half with another, so the time is usually imbalanced.

Judge’s Priorities

Parental custody is decided based on what the judge believes is in the child’s best interests. When deciding on custody, courts will look at the child’s age, health, bonds with their parents and communities, their parents’ ability to care for them, and family history of violence or drug use. Child support is also determined based on the amount of time the children are with each parent. When a court believes both parents are unable to care for their children, they will look into guardianship so the child lives safely.

How to Get a Court Order

The majority of parents can come to an agreement without needing a court order, but if either parent isn’t holding up their end of the deal, the court can enforce a court order. The court can only enforce an agreement if they have a signed court order. The agreement’s terms can be enforced if you turn in a copy to the judge. The judge can sign the deal if both parties agree. If consensus cannot be reached, a judge will send both parents to a mediator, and if this still doesn’t work, the judge will decide the custody and visitation times on their own. A judge can also appoint a custody evaluator to make a recommendation based on their professional opinions.

Conclusion

Establishing a child custody deal can be overwhelming, but with this information, you have a guide of what to expect every step of the way. To get in contact with a professional child custody attorney, make sure you hire us at Family Law Richard E. Young & Associates, where we are dedicated to excellence.