Divorce Mediation Attorneys Orange County
OC California Divorce Mediation Attorneys: One of the biggest challenges of many divorces comes down to making decisions. When two people choose to part ways, legally, they must divide their debts and assets, they have to decide how to divide their time with any children, and they have to make sure that both parties and all children are financially provided for. When it comes to making decisions about the best way to divide time and money, a lot of couples do not agree.
There are several ways that these decisions can be made, and if the couple cannot come to an agreement on their own, the Court will decide for them. However, the best divorce outcomes usually happen when a couple can work together and create a divorce settlement on their own.
One of the best ways to make these decisions about divorce is to work with a divorce mediator in divorce mediation. Divorce mediation allows the couple to privately make their own decisions about property, debts, children, child support, and spousal support outside of the courtroom. If the agreement is approved by a judge, it can become the couple’s divorce settlement.
How Does Divorce Mediation Differ from Litigation?
The biggest difference between working out a divorce in the courtroom and working it out through divorce mediation is in who makes the decision.
In the courtroom, an outside party imposes a solution on the two opposing parties. The decision will be based on the law, and it may or may not fit the needs of both parties.
Through divorce mediation, the opposing parties create a solution that works well for both of them. It may be a compromise rather than an ideal situation, but both parties have a say in the outcome of the divorce. While the divorce settlement still needs to be approved by a judge, the divorcing parties can create their own divorce settlement any way that they want to.
What Does a Divorce Mediator in Southern California Do?
Usually when talking about divorce mediators, you’ll hear what they are not allowed to do: a mediator cannot provide legal advice, choose sides, make decisions for a couple, or create a legal divorce settlement. So, what exactly does a divorce mediator do?
A divorce mediator is a trained professional whose job it is to facilitate healthy and productive conversations between the two divorcing parties. Because making decisions and agreeing on the outcome of the divorce can be the single most challenging, time consuming and costly part of divorce, a mediator is trained to minimize it.
Usually, mediators are trained professionals who may also be attorneys, judges, therapists, psychologists, or other legal or mental health professionals, or people who have retired from these professions. When you are working through a divorce, having a person who is trained in psychology and mental health, the law, and facilitating communication is one of the best resources that you and your spouse can have.
One of the major benefits of divorce mediation is that it allows the divorcing couple to create their own process, and to make their own decisions about the divorce. So while it is not the divorce mediator’s job to tell you what to decide or to create a divorce agreement for you, a mediator can be a valuable tool in allowing you and your spouse to work together to determine the terms of your divorce settlement.
How Does a Divorce Mediator Help me Make Decisions About my Divorce?
The mediator will ask you the hard questions - the ones that you would rather avoid. A mediator will keep both you and your spouse in check, and on track to making those tough decisions.
Your divorce mediator will ask you and your spouse what you want from your divorce. If you know what you want, you can work towards it. When you and your spouse want different things, you can both compromise to come to an agreement. Your mediator will help you figure out where you are willing to compromise, and where you aren’t.
Divorce mediators will remind you that if you cannot come to a decision through mediation, you will have to finish your divorce in Court. They’ll also tell you that litigation takes the power to decide and the control over the outcome of your divorce away from you and puts it in the hands of the judge. You’ll be working on the judge’s schedule, and spending lots of your money on attorneys to wait for a divorce settlement.
When things get heated between you and your spouse, a mediator can separate you, help you cool off, and get you refocused on what is really important.
Whether you want to work with your spouse or not, a mediator will help you both work on your communication skills. If you have children together, the communication skills that you build in divorce mediation can be invaluable when parenting after a divorce.
Ultimately, your divorce mediator will try to make the best of a stressful situation. When it comes down to it, working with a mediator who will get to know you, your spouse and your family situation is usually less stressful than a public trial with opposing attorneys who promote conflict.
Divorce Mediators in Orange County, California
Are you considering mediation for your Southern California divorce? The first step in a mediated divorce is to discuss your family situation with a qualified divorce attorney. While you cannot have a divorce lawyer present during divorce mediation (which is one of the reasons that mediation tends to cost less than a litigated divorce), you should consult an attorney outside of mediation prior to signing a mediation agreement.
If you are looking for a divorce mediator, one of the best resources you have is a divorce lawyer. Your mediator and your divorce attorney cannot be from the same firm, but once you have found either a mediator or an attorney, you can ask for referrals to find the other. Sometimes, divorce lawyers make the best divorce mediators because they have a firm understanding of divorce law in California.
Contact Yanez & Associates today to schedule your free initial consultation with a divorce lawyer or a divorce mediator in Orange County, California.