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Is Divorce Mediation Necessary?

Is Divorce Mediation Necessary?

Divorce mediation in California is a process by which spouses come together in a neutral setting to discuss divorce issues openly and honestly with the help of a mediator.  A divorce mediator is an unbiased, third-party there to help parties talk through any divorce conflicts and come to a workable solution for both parties.

Mediation is only required in California when there is a custody dispute over children.  Since child custody disputes can be wrought with conflict and disagreement, California mandates parties who do not already have an agreed custody arrangement to go through the mediation process.  If a resolution is not reached in mediation, then the custody dispute goes before the court for typical court proceedings. 

What Are The Benefits Of Divorce Mediation In California?

Divorce mediation is an option to parties who do not want to take the traditional route in litigating their divorce in the courthouse setting.  Divorce mediation is informal and can be less intimidating than litigation.  Often a compromise is reached between parties because divorce mediation allows more open and honest dialogue. 

Parties to a divorce mediation each get an opportunity to talk about any issues concerning them and offer ways to reach an agreement regarding these issues.  After both sides to a divorce mediation have the chance to speak, the mediator may help guide the parties to a fair resolution that is agreeable to both.

Mediators do not take either spouse’s side.  They are trained to deal with difficult situations and reduce conflict levels to move towards a settlement.  Mediators focus on the same issues as the court.  These include spousal support, asset distribution, child custody, property settlement, and parenting plans.

Mediation can be binding, or the parties can seek to go to court and have a judge enter a ruling and order on the divorce case. 

Child Custody And Divorce Mediation In California

California courts will not make a judgment as to custody of children until parents attend mediation overseen by a court-appointed counselor trained in custody and divorce.  Mediators in custody cases are mindful of the children involved in the divorce, and the children’s emotional, psychological, and financial interests. 

One of the goals of divorce mediation in child custody is to lessen the fighting, and emotional damage children may experience while parents are divorcing.  Mediation by its very nature promotes cooperation, rather than fighting between the parties.

All mediation processes begin with introductions and identifying the goals of the mediation and any remaining issues between the parties.  The more information that is provided to the mediator, the more quickly and efficiently the process can proceed.  Multiple sessions can be attended in an attempt to resolve all the outstanding issues.  Only at the completion of a successful mediation is an agreement presented to the courts.

Contact An Experienced Torrance, California Divorce Attorney

Although there is an unbiased, third-party mediator involved in divorce mediation, attorneys are permitted to attend mediation with their clients.  It is advantageous to have an attorney present at the mediation to give legal advice and go over any documents prepared by the mediator. 

An experienced Torrance, California, divorce attorney can act as an invaluable advisor during divorce mediation and help to safeguard your interests.  Contact the Law Office of Bruce A. Mandel for a complimentary consultation today regarding your divorce and possible divorce mediation.  His team of legal professionals is ready to help secure your best outcome in divorce mediation or litigation.