Pros and Cons of Mediation

by | Apr 12, 2021 | Mediation

If you’re looking for a San Ramon divorce attorney, you might be wondering if you should try mediation first. While it can certainly be a more peaceful alternative for anyone facing an unpleasant legal dispute, let’s consider some of the advantages and disadvantages of Tri Valley mediation before you make up your mind. Reviewing the pros and cons will help you come to the best decision. 

Top Advantages of Mediation

Cost Differences

Any San Ramon divorce lawyer can confirm that one of the top benefits of mediation is that it’s less expensive than going to trial to settle your legal differences. Mediation is an aspect of Alternative Dispute Resolution. Essentially, ADR includes ways of handling conflict outside of the courtroom. Things like negotiation fall under this broad umbrella. 

Reaching a Resolution

In general, it also takes less time to reach an agreement through mediation. This is often the case when people come together with a real desire to find a solution that works for both of them. Mediation can be less about winning and more about finding a way forward with compromise and patience. Though that doesn’t mean it’s easy, you are likely to come to a resolution much faster than if you chose a path toward litigation. 

Outcomes

Another thing to keep in mind before you hire a San Ramon divorce lawyer is that mediation can also give you (and your soon-to-be former spouse) control over the final outcome of your situation. For some people it really will be necessary to resolve their differences in court, but just know that the final outcome is then in the hands of a judge. 

The mediator has an impartial role to play, but they are present to help move the conversation forward and ensure that discussions remain civil. This is beneficial if communicating with your ex tends to quickly escalate into toxic patterns, like blame and name calling.    

Disadvantages of Mediation

There’s No Guarantee

One of the downsides to mediation is that there’s no guarantee you’ll actually reach an agreement. If you have a particularly contentious relationship with your ex, mediation may not be a viable solution to your conflict. You have to decide if it’s worth taking the risk. If both people aren’t invested in cooperating, you’ll end up right back where you began—searching for a San Ramon divorce attorney.  

Making Hasty Decisions 

There’s also a downside to how much faster decision-making can move during the mediation process. Without the support of an experienced attorney, you could find yourself agreeing to things that aren’t really fair or in your favor. Bear in mind that a mediator isn’t there to offer you legal guidance. This is an important distinction. The mediator is a neutral who is not looking out for your best interests.  It’s always a good idea to have an attorney on your side to consult with before you agree to anything in mediation.

Talk to a San Ramon Divorce Attorney

If you’re still not sure which option is right for your situation, contact us at Whipple, Mercado & Associates by calling 925-344-5050. We’re here to help you make the right choice. You can also schedule a free consultation online today.    

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization