One thing divorcing couples often think about is how not to disclose their private information. If they divorce through the traditional litigation process, there is no way to do this. Every document gets filed with the court and is available for review by anyone who is interested.
Court hearings are open to the public and a couple’s dirty laundry, so to speak, gets aired in open court. We often hear celebrity disputes in the news. There is a better way for those who want to keep their personal affairs private.
How Mediation Keeps Information Private
Through mediation, a divorcing couple meets with a neutral mediator who helps them come up with their own solutions to issues that needs to be resolved. The mediator will meet with the couple together, with or without their attorneys present. The mediator may also meet with each person individually if that seems to be the best approach.
When it is helpful, the couple may also meet with a financial or child specialist who can all help them find the best solutions for going forward with their lives without being required to file private information with the court.
For example, in traditional litigation, when a couple works toward dividing an asset, they may have a dispute over how the other party valued a particular asset. If the court ends up determining the value, the relevant information regarding the asset has to be disclosed to the Court and that becomes a matter of public record.
If a couple is fighting over child custody issues, whatever they have to say, whether positive or negative, about the other person will be contained in their declarations filed with the court and discussed in open court where anyone can sit and listen.
In mediation, all information is kept private until the couple reaches a final settlement agreement. This agreement is one of the few documents that are filed with the court. If the court approves the settlement, it becomes the court’s final divorce order.
Contact an Experienced Mediation Attorney for Assistance
Lynette Kim is an experienced California mediator and can help explain the many benefits to using mediation for your divorce process. Mediation helps you move forward in a more positive way and works well for couples who will be co-parenting their children. For more information about mediation and whether it is a divorce process that will work for you and your spouse, contact us at Kim Mediation and Law Center. You may also call us at 213-351-1000.