Divorce Mediators in Southern California
Searching for Divorce Mediators in Southern California? When you file for a divorce in California, divorce mediation is one of the ways you and your spouse can work together to create the terms of your divorce regarding the division of property and debts, spousal support, family support, child support, or child custody.
During mediation, the two spouses work together with a third party mediator to settle their differences about the divorce settlement. The mediator’s job is to remain neutral and facilitate healthy and productive communication.
There are many benefits to mediation, including that it usually costs less money and takes less time than traditional litigation. Mediation is a type of alternative dispute resolution, meaning that it takes place outside of the courtroom.
What Does a Divorce Mediator do in California?
Mediators must remain neutral throughout the mediation process. The mediator’s goal is to guide the couple through the divorce process, to facilitate effective communication, and ultimately to create a mediation agreement that could be used as a divorce settlement.
Keep in mind that the mediator cannot provide legal advice to either party. The mediator does not create the terms of the agreement. The divorcing couple has to work together to create their own divorce terms. The mediator will help guide the couple so that they discuss all appropriate and necessary topics.
Mediation does not allow for attorneys to be present. However, both parties should be encouraged to consult with their own divorce attorneys outside of mediation.
Should I Choose Divorce Mediation to Settle my Divorce?
Divorce mediation is not appropriate for every family situation, but it is important to consider if you are facing divorce. It can offer numerous benefits from saving time and money to privacy and control over your own divorce. You can also use mediation for parts of your divorce and other forms of dispute resolution for other parts of your divorce.
A lot of divorcing parents use mediation to determine their child custody and child support issues because it can help shield the children from the stress of a courtroom divorce. Mediation is completely confidential and does not require that children are present.
Mediation works best for couples in the following situations.
• Parents with young children who wish to keep their children out of the divorce,
• Couples who have good communication skills,
• Couples who want to build good communication skills, especially parents who want to learn to work together for the sake of their children,
• Couples who want more control over the outcome of the divorce,
• Couples who want to save money on divorce attorneys,
• Couples who prefer a flexible schedule for determining the terms of the divorce,
• Couples who do not have a history of domestic violence or abuse,
• Couples who are in a high conflict divorce can often receive the most benefit from divorce mediation.
If domestic violence has been present in your marriage or registered domestic partnership, please consult a skilled family lawyer as soon as possible. Mediation may not be the best option for your situation, and an attorney can help you obtain a temporary restraining order prior to a permanent restraining order or a divorce. A restraining order is especially important if you are worried about how your spouse may react upon hearing that you want a divorce.
Benefits of Divorce Mediation in California
Mediation creates realistic divorce terms. When a couple is divorcing, mediation allows them to create the terms of their own divorce, giving them full control, with the approval of the judge. This means that they fully understand what they’re agreeing to, and they are more likely to follow the terms without further legal action.
Mediation usually saves time over traditional litigation. When a couple allows the Court to determine the terms of their divorce, it happens on the Court’s time, and only in the courtroom. Mediation, however, allows the couple to meet with a mediator whenever they see fit, and in whichever location the mediator will agree to. The longer the couple takes to make decisions, the longer the divorce will take. Similarly, the faster the couple comes to an agreement, the faster they can have a divorce agreement ready.
Mediation usually costs less than traditional litigation. When it comes to traditional litigation, both parties usually have their own divorce attorneys for full representation. Litigation tends to encourage disagreements, and each party is only stating what they want, with little to no regard for the other party. The amount of time that goes into a traditional litigated divorce is also higher than a mediated divorce, thus will cost more. Mediation, on the other hand, does not allow for attorneys to be present, and only requires that the couple hire one mediator, and consult with attorneys prior to signing a divorce agreement. The faster and more efficient process allows the couple to work together, usually with less assistance from professionals, and therefore, a lower cost. On average, a mediated divorce in California costs around $5,000, while a traditional litigated divorce can cost anywhere from $15,000 to $40,000 or more.
Mediation is completely confidential. Even if the divorce is not completely resolved through mediation, mediation is 100 percent private and confidential. A mediator cannot be called as a witness in a divorce case following failed or partially failed mediation. This allows the children to be protected from the divorce, and it allows the couple to be honest with one another in a safe and private environment.