Orange County Divorce Mediation Lawyer

Under the right set of circumstances, mediation of an Orange County divorce may be a very successful and cost effective way to resolve conflicts in a high net worth or more traditional divorce. However, mediation is not the right solution for everyone. Mediation entails potential and serious risks and pitfalls. Mediation is not a good choice for couples who have a history of deceit, control issues or violence. But it is a viable option for couples who trust one another, who agree on the definition of “fair,” agree to obtain a divorce and who both seek to find a resolution in the most expeditious way possible.

At Minyard Morris , attorney Michael A. Morris uses his extensive experience to serve as a mediator or a mediation consultant for clients throughout Orange County. When mediation is the best option, he supports clients who wish to pursue this avenue for resolution of an Orange County divorce.

Mediation of an Orange County Divorce Can Present Complex Challenges

A divorce is a financial transaction – a division of a financial partnership. A mistake made in the divorce, whether high net worth or traditional, may have long-term and devastating consequences that are irrevocable. Many people mistakenly believe that mediation is always quick and cost-effective because there are no lawyers involved and no trial is needed. However, mediation can and does fail. In these instances, attorneys and a trial are needed in order to resolve the case. If mediation is unsuccessful, costs increase, as does the time investment required to attain a successful dissolution.

To be clear, for good mediation candidates, mediation is an attractive option for an Orange County divorce.

Care should be given to protect against on spouse attempting to use mediation to delay the divorce, either for emotional or financial reasons. Mediation is about negotiation. If one party is a superior negotiator or holds a disproportionate amount of power in the relationship, mediation can create a significant advantage for that party. If you believe mediation is the correct option for you, always seek the guidance of a mediation consultant before and during the process of your Orange County divorce.

Although the thought of divorce litigation conjures up fears of a long, drawn-out process and excessive legal fees, a skilled divorce attorney can generally move a case efficiently and strategically through the legal process. Forgoing mediation does not mean that you cannot settle part of your case, or even your entire case, whether high net worth or more traditional divorce through reasonable, good-faith negotiations between divorce lawyers.

The key is for both parties to retain an Orange County divorce lawyer who have an interest in reading an agreement versus having a trial.

Complicated Disputes Through Mediation

Mediation offers numerous benefits over traditional litigation. The parties retain greater control over the outcome, their family matters remain private and the cost tends to be much lower.

At Minyard Morris, we bring over 350 years of combined experience to the practice of family law. With a team of 20 attorneys, all of whom are well-versed in handling complex or difficult legal concerns, we can assist you in seeking favorable resolutions through mediation. Individuals and families throughout Orange County turn to us for our strategic mediation counsel backed by a record of positive outcomes.

Can Complex Or High Net Worth Cases Be Mediated?

If the issues involved include a business, complex tax issues, separate property or tracing issues, or other complex financial issues, divorce mediation may be particularly problematic.

How is a business valued in divorce mediation? Experts are necessary to value a business unless the value is not important to the parties or the parties elect to guess at the value. A divorce mediator will not have the skill required to value the business. Even if the business is valued by an impartial and qualified expert, will both parties understand the nuanced financial issues related to the business appraisal? Will both parties see the discretionary decisions made by the appraiser and understand their significance?
Will the family CPA be required to assist with financial issues in the divorce mediation? Is the family CPA “loyal” to one party, or will they impartially assess tax and other financial issues? The family CPA will most likely not have experience in divorce valuations (which are very different than valuations in the real world), and they will almost certainly know which spouse they will work with after the divorce, which may impact their opinions. The experience and training of the typical CPA is vastly different than that of a forensic accountant in family law.
Do both parties have access to the same financial records and have the skills necessary to understand the records and concepts?
Do both parties have the financial knowledge and experience necessary to understand the nuances of many divorce issues? Do both understand issues like separate property, tracing, commingling, transmutation, tax, imputation of income, etc.? A divorce transaction is often complex. Family law is generally not as simple as dividing assets 50/50 and plugging numbers into a computer program.
Do both parties have comparable negotiating experience and skills? Divorce mediation is a negotiation from the beginning to the end. There is a reason why tens of thousands of books have been written and countless courses have been taught about negotiation and negotiation theory. The better negotiator generally wins the mediation.

If you are going through a family law challenge that involves complex factors such as high assets, business shares or a custody dispute, we can assist you. Contact our New Port beach office to establish an initial consultation with one of our team members. To begin, call 949-724-1111 or send us an email.

Divorce Mediation vs. Litigation

The method you use in your divorce, custody dispute or another family law matter can have a significant impact on the outcome. It will also affect your finances and your relationship with your ex.

At Minyard Morris , we understand this firsthand because we have represented thousands of Orange County clients in both litigation and mediation. With more than 270 combined years of experience, our family law attorneys understand the many nuances of alternative dispute resolution, trials and when to use each method strategically to protect your best interests.

Which Method Is Right For Me?

Determining whether to pursue mediation or litigation depends on a variety of factors. Family law mediation and traditional litigation have their benefits and their drawbacks:

Mediation pros:
- Private
- Cost-effective
- Amicable
- More control over the outcome
Litigation pros:
- Power to subpoena the other party’s records
- Resolve disputes too complex for mediation
- Do not have to compromise on certain issues

Generally, it is wise to attempt mediation first. However, mediation is not for everybody. When you have certain priorities you are determined to uphold, or items in your divorce you simply will not budge on, mediation may be inefficient and a waste of resources. At Minyard Morris , we let clients know that if they choose to pursue mediation, they need to prepare to give 51% to the other side. If they are unwilling to do so, they may as well pursue litigation from the start.

If mediating a dispute does not work, or if you have one or more issues in contention, a traditional trial might be a better fit. Litigation does not necessarily have to involve an aggressive bulldog approach. Often, it is the more effective way to resolve complex disputes that resist mediation.

When you are going through a divorce or other family law concern, the attorneys at Minyard Morris have the knowledge and experience to aid you in making the right decisions. You can speak with one of our lawyers about whether to pursue litigation or mediation. To begin, schedule your free consultation by calling our Newport Beach office at 949-724-1111 or by using our online contact form.

Is Mediation Right For Me?

If you are planning and are interested in mediation, Minyard Morris is the law firm to represent you. The 20 divorce attorneys on our team have experience representing clients in a spectrum of family law mediation sessions. Our collaborative approach, outstanding client service and record of successful resolutions make us one of Orange County’s most desired divorce firms. You can place your trust in us with the knowledge that we handle your case with the utmost confidentiality and transparency.

Are You and Your Spouse Candidates for Mediation of Your Orange County divorce?

In order for mediation of an Orange County divorce to be successful, the parties must both be good “candidates” for the mediation process. Being a good “candidate” generally means that both parties:

Are willing to allow the other person to receive 51% of the assets;
Do not have a psychological need to win;
Trust each other. Divorce mediation is not a process designed to verify facts, investigate financial issues and question suspect expenditures. If there is a lack of trust, divorce mediation is not the best model.
Do not attempt to bully the other. If one party is essentially a bully, mediation will not be “successful,” unless the other party simply gives in to the bully. In that case, the divorce mediation is “successful” because it resolved the issues, not because a fair settlement was agreed to.
Are both ready to end the relationship. If both people are not ready to move on with their lives, divorce mediation will be a waste of time and money. A divorce mediator does not have the power to force a settlement. To reach an agreement, both people must have a desire to reach a fair resolution on all issues.
Are both ready to resolve the issues. If either party is angry with the other or has a need to delay the resolution, divorce mediation will most likely not be successful. Anger on the part of a spouse makes mediation essentially a nonstarter.
Have not been victims of domestic violence or abuse in the relationship
Have essentially equal personal power in the relationship. Divorce mediation involves negotiation. Generally, the parties do not have lawyers physically present in the divorce mediation sessions and thus the party with more power and better negotiating skills prevails.
Have essentially equal access to and understanding of the finances. Except in the area of child custody, a divorce is a financial transaction. The party with less knowledge and less experience with financial issues is at a severe disadvantage in divorce mediation. Failing to understand the financial aspects of a divorce may result in the receipt of less child support and less spousal support than is appropriate and may result in an unequal property settlement.
Define “fair” in a similar way. Many people proclaim a desire to want a “fair” deal, but differ in how they define the concept of “fair.” In fact, the definition can be, and often is, extraordinarily different in the context of a divorce.

Divorce mediation can be an appealing option – learn whether it is right for you. If it is, we are prepared to negotiate for you tenaciously. Schedule an initial consultation in which you can discuss matters with one of our attorneys. To begin, call our Newport Beach office at 949-724-1111 or send us an email.

Contact Our Orange County Mediation Lawyers

Before actually agreeing to mediation, discuss the issue with one of our a divorce attorneys who can offer insights into the process and help you prepare. At Minyard Morris, we understand that mediation is the best option for some people. We can help you ascertain whether it is the right choice for you and your Orange County divorce. Call 949-724-1111 and speak with a member of our team. You can also reach out to us online.

Orange County Divorce Mediation Lawyer FAQ

What is Separate Property in Divorce Mediation?

Although defining community property and separate property seems very straight forward, often the issues are extraordinarily complex. Separate property, as defined in California, is an asset owned prior to the date of marriage, acquired after the date of separation, or acquired after the date of marriage and prior to the date of separation by way of inheritance or gift as it is defined by the California Family Law Code. Community property is defined as an asset acquired after the date of marriage and prior to the date of separation, unless the asset was acquired by way of inheritanc

Community Property

Separate Property

Is a Divorce Lawyer Needed?

Incurring fees with an Orange County divorce lawyer is not the way most logical people would choose to spend their hard-earned savings if they had a realistic choice. If a divorce is truly a simple matter, the importance of a divorce lawyer is less significant than in a more complex matter. The problem is that even less complex divorces often have complex and nuanced issues that often are not recognized by the parties themselves.

Does Mediation Minimize Attorney’s Fees?

There are many situations where parties elect to mediate their Orange County divorce in an effort to avoid spending money on divorce lawyers, a logical objective. In certain situations, this is not only wise, but necessary due to a lack of funds. However, where the parties do have funds available for legal representation, pursuing divorce mediation (without the assistance of a divorce lawyer) may ultimately be a very expensive mistake – “penny wise and pound foolish” as the saying goes.You should also consider the net economic cost of saving money by not paying an Orange County divorce attorney, and ending up with a losing settlement that costs up to three, five or ten times as much as you saved by not paying a lawyer.

Does the Better Negotiator Have an Advantage in Mediation?

A critical part of every divorce settlement is the negotiation of its terms. Often times, parties going through a divorce believe that the divorce laws will dictate the results of the settlement. The laws provide the general structure of a settlement, but the laws are often very nuanced and the law must be applied correctly to the facts in each case. It is a mistake to believe that the involvement of a divorce mediator minimizes the importance of negotiation. The parties negotiate with each other, face to face, in the mediation process. Often times the divorce mediator will intentionally or inadvertently be negotiating in favor of, or against, one party in order to achieve a settlement. It is important to understand the mediator’s mentality. The mediator wants to achieve a settlement and counts settlements as wins. This is not the same as saying that a mediator wants to achieve a fair settlement. A party not experienced or trained in negotiation will generally be at a significant disadvantage.How can a party negotiate a reasonable or fair divorce settlement if they do not know the divorce laws and nuances? How can a party know which issues to push and which issues to concede? When negotiators are hired in business, politics, sports, or any other field, the person hired is an expert in that particular field. You would not hire a sports agent to negotiate the sale of a business. Likewise, it would not be the wisest course of action to attempt to negotiate a divorce settlement if you lack insight from an experienced Orange County divorce lawyer.

Do Mediations Often Fail?

One should consider the consequences and fall out of a divorce mediation that does not result in a successful and fair settlement.If mediation is not successful the parties will have incurred substantial unnecessary attorneys fees and there will have been a delay in resolving the divorce. Unsuccessful mediations often further polarize the parties which may increase the odds of ending up in expensive litigation.

If the parties are not good candidates for mediation they should not opt for that process.

Over the years, we have had many cases where clients have consulted with us after a failed divorce mediation. In some matters we learn that our new client walked away from an amazingly advantageous settlement due to a lack of understanding as to why the terms were so favorable to his or her position. We have had other cases, where a client entered into a disastrous settlement of their Orange County divorce that they were attempting to either set aside or modify.

Divorce mediation may be used as a very successful delay tactic by a strategic spouse. A delay in the resolution of a case can be a significant benefit to one side or the other. During a delay, a party may make financial decisions or position assets that may impact the ultimate divorce settlement. The timing of a divorce may be one of the most important issues. The use of divorce mediation to delay the resolution of an Orange County divorce can be a very successful tactic. For example: if the parties own a business, the delaying of the settlement or trial, will most likely, change the time frame over which the financial performance of the business will be measured. A different time frame will often result in a different valuation.

Are You and Your Spouse Both Candidates for Mediation?

In order for a mediation of an Orange County divorce to be successful, the parties must both be good “candidates” for the mediation process. Being a good “candidate” generally means that both parties:

ARE WILLING TO ALLOW THE OTHER PERSON TO RECEIVE 51% OF THE ASSETS;
Do not have a psychological need to WIN;
Trust each other. Divorce mediation is not a process that is designed to verify facts, investigate financial issues and question suspect expenditures. If there is a lack of trust, divorce mediation is not the correct model;
Are not hostile personality types. If one party is essentially a bully, mediation will not be “successful,” unless the other party simply gives in to the bully. In that case, the divorce mediation is “successful” because it resolved the issues, not because a fair settlement was agreed to;
Are both ready to end the relationship. If both people are not ready to move on with life, divorce mediation will be a waste of time and money. A divorce mediator does not have the power to force a settlement. To reach an agreement both people must have a desire to reach a fair resolution on all issues;
Are both ready to resolve the issues. If either party is angry with the other or has a need to delay the resolution, divorce mediation will most likely not be successful. Anger on the part of a spouse makes mediation, essentially a non-starter;
Have not been victims of domestic violence or abuse in the relationship;
Have essentially equal personal power in the relationship. Divorce mediation involves negotiation. Generally, the parties do not have lawyers physically present in the divorce mediation sessions and thus the party with more power and better negotiating skills prevails.
Have essentially equal access to and understanding of the finances. Except in the area of child custody, a divorce is a financial transaction. The party with less knowledge and less experience with financial issues is at a severe disadvantage in divorce mediation. Failing to understand the financial aspects of a divorce may result in the receipt of less child support and less spousal support than should have been agreed to and it may result in an unequal property settlement.
Define “fair” in a similar way. Many people proclaim a desire to want a fair deal but differ on what they feel is fair. In fact, the definitions can be and usually are extraordinarily different in the context of a divorce.

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