FAQs about Mediation in California

Going through a divorce is tough for both parties involved. The divorce process can be daunting, expensive, and emotionally stressful for all parties – including children. But couples who choose divorce mediation in California report having a much better experience as well as creating an agreement tailor-made to suit their unique situation.

Divorce mediation is an alternative dispute resolution process that allows spouses to resolve family disputes co-operatively and amicably with the help of a mediator. A family mediator is a neutral third party who assists spouses throughout the divorce process.

Many couples hire a mediator because it allows them to handle their divorce case outside of court and avoid litigation which can be extremely costly and detrimental to a family’s relationship.

An experienced mediator with a family law background can help you navigate your divorce issues as well as offer resources and suggestions for creating the best possible divorce agreement for your unique circumstances.

To assist you, we have compiled a few frequently asked questions about California Mediation.

What is divorce mediation?
Divorce mediation is a form of alternative dispute resolution (ADR) that allows spouses to have more control when resolving their legal disputes – including custody, child support, alimony, and property division – during their divorce. Many divorcing couples choose mediation because it allows them to make decisions about their future rather than having a judge – a stranger who does not know them or their situation well – make decisions for them.

People often choose mediation because it saves them time, money, and is less emotionally exhausting than if they were to take their divorce case to court.

What does a divorce mediator do?
A divorce mediator is a neutral third party hired to facilitate difficult albeit important discussions and help couple to end their marriage in the best possible way. A divorce mediator’s main priority is to help spouses resolve their differences and reach agreements without going to court.

As a neutral, a mediator does not side with or advocate for one party against the other – that’s what a litigator does. Instead, the mediator guides the discussion, helping the divorcing couple to reach an agreement that will work for them quickly and effectively. Instead of adding fuel to the fire of their disagreements, the mediator guides them towards peaceful resolutions to their disputes.

What are the benefits of divorce mediation?
More often than not, spouses are happier and more satisfied with the mediation process than if they were to choose litigation in court.

Here are some benefits of divorce mediation:

• Mediation saves divorcing couples time – Litigation can take years to complete, whereas mediation only takes weeks or months.
• Mediation is cost-effective – Spouses can save money by going the mediation route. They don’t rack up expensive legal fees like they would during protracted litigation.
• Mediation is less polarizing – Divorce is not an easy process, and it can drain a family financially and emotionally. Mediation is a great way for divorcing spouses to make decisions cooperatively and reduce conflict – which is crucial if they will be co-parenting their children after divorce.

Where can mediation sessions be held?
One of the many benefits of mediation is that sessions can be held in-person or online with the mediator. Spouses can be involved in this process from the comfort of their homes without having to be in the same room with each other – or they can meet with a mediator in-person. The online option means that the divorcing parties and the mediator can reside anywhere within the state of California; this allows the parties to choose the best mediator for their unique situation rather than the one with the closest office to them.

Do I need a lawyer if we use the mediation process for our divorce?
Although it’s not required, separated couples using mediation to resolve their divorce issues should each hire a lawyer for independent legal advice before signing the final agreement. You may also need to hire lawyers if you cannot resolve all issues in mediation and need take the unresolved issues to court.

Can a mediator who is also a lawyer give legal advice?
No, your mediator cannot act as your lawyer and provide legal advice – even if they are a lawyer as well as a mediator. A mediator can draft an agreement, and you or your spouse can have a lawyer review it and make recommendations or changes if needed. But it’s important to note that a mediator cannot take on the role of your attorney as well.

What if we cannot agree on all issues – can we mediate some issues and litigate others?
The goal of divorce mediation is for spouses to amicably resolve their issues so they don’t have to see a courtroom, so divorcing couples generally try to resolve most or all issues in mediation. If they can’t resolve one or more issues – such as child custody, for example – then spouses will need to take their unresolved issue(s) to court and ask a judge to rule on those issue(s).

Are you good candidates for divorce mediation in California?
We understand just how expensive traditional divorce litigation can be. We also know the emotional impact litigation can have – not only on the spouses but also on the children. Our goal is to protect the bond you have with your children so that your family dynamic stays the same after the process. Contact the California Mediation Center today to set up an initial consultation and to learn more about whether mediation is right for you.