Divorce is never a pleasant experience. It takes a toll financially and emotionally on both people. As an expert in family law, Donna M. Encinas knows the toll a traditional litigated divorce takes on people. It just makes matter worse as both sides feel they have to fight every step of the way. Anger and frustration are common as each side goes through financial and emotional resources. Unfortunately, these are also the very things people need the most to move into the next chapter of their lives.
Mediation is a private, managed negotiation where a neutral, trained third person called a Mediator helps a couple in transition resolve their disputes. Mediation in divorce is much the same as mediation in any other process. It is both sides negotiating to find a solution or settlement both sides can agree to. It is calm, rational and works to make sure both sides are as satisfied as possible.
Through Mediation, the couple's goal is to seek a settlement designed and agreed upon by both parties. The Mediator provides guidance in a structured way that helps them maintain a civil relationship and find a resolution to their dispute that is timely, fair and cost-effective. The Mediator does not represent either party.
Mediation offers:
- Control. Both sides are in charge of the decisions, not the court.
- Private. Except in unusual circumstances, court matters are public. Your divorce in court becomes public record. With mediation, only the final settlement is public, not the work and words that went into it.
- Efficient and affordable. A mediated or collaborative divorce are much more cost-effective than a litigated divorce and instead of waiting for hearings, court dates, etc., the time is controlled by the spouses.
- Legal. When you have a mediated or collaborative divorce, the results are just as binding as if you spent time in a courtroom.
Mediation helps people settle disputes they are unable to resolve on their own, while retaining control over their own lives and their future. Ms. Encinas works with you and your spouse in private so everything said is done face-to-face. You decide when and how long each session lasts. In mediation, the mediator does not represent either party, but rather provides options and prepares the legal paperwork to be filed with the Court based on the couple’s decisions.
Ms. Encinas has served as a private mediator for over 30 years. She has mediated many complex cases as well as more simple matters in a completely private setting. Her experience as a practicing family attorney, combined with her extensive experience and skills working with consensual dispute resolution matters, makes her an effective professional to support the mediation process.