Mediation can be an efficient and simple way for a couple to handle a San Jose divorce. In many cases, mediation makes sense for the parties involved. In some cases, however, it may not be the best option. It often comes down to how the parties feel about one another as they approach and go through the process. Successful mediation requires that each party consider the other’s point of view, for example, and that the parties wish one another well.
If there was violence or infidelity during the relationship, mediation is less likely to be successful. Emotionally or physically abusive partners are often unable to empathize with their counterparts. Additionally, feelings of anger and humiliation on the part of a victim of abuse can hinder his or her ability to participate in the mediation process.
Both of the individuals involved must be able to advocate for themselves. Some people have difficulty asserting themselves in the face of the demands of the other. Having an attorney may be helpful in cases like these. Couples in a hurry to divorce may not be as successful in mediation either, as the process can take a long time.
In order for mediation to be successful, the parties must want it to succeed. Even if there is significant conflict in the divorce, people who are willing to give mediation a fair effort may be good candidates. An attorney with experience in family law may be able to help by examining the facts of the situation and offering advice regarding the options open to a client. An attorney may be able to negotiate property division or argue on behalf of the client during court proceedings.