Daniella Lyttle is an experienced family law practitioner and experienced mediator. We offer efficient conflict resolution for family law matters either on-site in our beautiful San Marcos office or we travel to you. Ms. Lyttle offers bilingual mediation services that resolve disputes in a creative, constructive, and confidential manner.
Our goal is to provide excellent results at very competitive rates. To check out rates and availability, click on the link below and type "Lyttle" in the search feature.
A divorce represents an end to your current way of life. Often, it can tear families apart and leave children traumatized, not to mention take a heavy emotional toll on both spouses. Obviously, the last thing you need during this difficult time in your life is long and bitter court fight. But many divorcing couples get into one anyway.
But there's another option-a gentler one-called mediation, and it's all about helping spouses settle their separation without the animosity or cost associated with a court trial.Courts are Battlegrounds
It's important to understand that taking your divorce to court means going to a fight with every intention of winning-it's the essence of litigation after all.
But the seemingly endless grind of discovery, depositions, temporary orders, and requests for disclosures will bring up bitter memories, pitting spouse against spouse. And even if you are divorcing in "good terms," the fact that only one party can come out a winner means that someone will have to get the short end of the stick, which can be less money, less property, less time with the kids-sometimes less of everything.
And remember, this battle can happen publicly, often on the court's timeline and with strict adherence to the state's family code. As such, this often means that the interests of individual couples can take a backseat to what the court sees as fair under the code.Mediation is Non-Adversarial
In mediation, the goal is to help each party understand his or her role in the separation; it even entails putting spouses in each other's shoes to better understand the dynamics of their relationship. Most notably, this process happens privately, with the couple able to communicate directly with another and control how the separation happens.
Because of this setup, a mediation can dramatically improve the chances of the spouses healing more quickly, spending less money on the separation, and protecting the welfare of the children without subjecting them to pain of a public divorce.Mediation is Not Arbitration
Much of the confusion surrounding mediation comes from how many divorcing couples confuse mediation for arbitration.
The two are completely different procedures.
- Arbitration - In this setup, the arbitrator acts like a judge and listens to the couple, making a decision that may or not be binding to the spouses, depending on the kind of arbitration they sought.
- Mediation - A mediator works towards finding the most mutually beneficial resolution for both spouses. The difference, however, is that neither spouse is legally obligated to follow the mediator's suggestions.
In other words, the mediator takes on the role of advisor, while the arbitrator has the power to enforce (again, depending on the kind of arbitration they sought) his/her decision.