If you are going through a divorce in California, you might have questions about the legal process and if you must let a family law judge make important decisions for you. Fortunately, there are alternatives to letting a judge decide, such as going through divorce mediation instead.
What Is Divorce Mediation?
Divorce mediation is a type of alternative dispute resolution. If you and your spouse agree to mediation, you will meet with your respective attorneys and a third-party mediator to help you settle the terms of your divorce. A mediator is a neutral third party licensed in California to handle divorce mediation.
Divorce mediations can be handled in several ways. For example, both parties and their attorneys can meet face to face with the mediator to try to negotiate a divorce agreement. You and your attorney can also be in a different room or building than your spouse while going through the mediation process.
The mediator will hear from both sides. He or she will ask questions and make settlement recommendations. Unlike arbitration (another type of alternative dispute resolution), the mediator’s recommendations are not binding. Any agreement you reach with your spouse is only enforceable once you have both signed the mediation agreement.
What If You And Your Spouse Don’t Get Along?
Mediation does not mean that you and your spouse are required to get along. As mentioned above, you do not even have to see your spouse during the mediation if you don’t want to. The only thing that couples must do in mediation is attempt to resolve contested matters with the help of their lawyers and the mediator.
Mediators know how to work with couples going through contentious divorces. They are skilled at helping people work through divorce disputes. Even if there are some terms that you know you cannot resolve without a judge, mediation can help you settle other matters so that you do not have to let a judge make every decision for you.
How Can A Third-Party Mediator Help With A Resolution?
Mediators are unbiased third parties that have been trained to hear from both parties and identify issues. They essentially act as a go-between to facilitate compromises between parties about contested divorce terms. Mediation often involves offers to settle certain terms and counteroffers until both sides reach an agreement.
Mediators remain neutral throughout the proceedings. This means that mediators carefully analyze the situation and do not take either party’s side while offering advice and suggestions. Their job is to help divorcing spouses reach a mutually beneficial agreement related to child support, custody, property division, and other unresolved matters.
Mediation Allows You To Participate In Divorce Decisions
Inevitably, some divorce terms will be more important to you than others. Mediation allows you to participate in the decisions about your divorce. You can decide where you are willing to compromise and where you are less willing to compromise. When you leave the decisions up to a judge, you lose the ability to negotiate any aspect of your divorce.
Additional Benefits Of Divorce Mediation
Mediation is much more flexible than litigating your divorce in a family law court. After you file your case, your hearings and trial are set by the court. In mediation, you can decide when to have the mediation and make other decisions based on what works best for you and your family.
Another benefit of mediation is confidentiality. Divorce records are generally public in California. Divorcing couples often try mediation because they do not want their private information made public. Signed mediation agreements are confidential and do not become a part of California’s public records.
When mediation is successful, you will spend less time and money on your divorce. Legal fees and court costs are often significant for divorce trials. Mediations are much faster than divorce trials which can sometimes take years to resolve in court, especially with the current backlog of cases. Since mediations are faster and focused on finding solutions, they are less stressful than going through a drawn-out legal battle.
Learn More About How Divorce Mediation Can Help You
To learn more about how divorce mediation can help you, contact California family law attorney Bruce A. Mandel. He has helped clients in family law matters, including divorce mediation, for more than three decades.
He understands the importance of keeping divorce terms confidential and avoiding the time and expense of taking your case to trial. Call the Law Offices of Bruce A. Mandel at 424-250-9130 or submit an online form for a private and confidential consultation.
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