When someone decides to divorce, the couple can choose mediation, do-it-yourself or litigation (ie., going to court). You may hire an attorney and go to court, use some sort of professional service, or even try divorce mediation.
Almost anything can be resolved through mediation through a settlement agreement, also known as a mediated agreement. During divorce mediation, a family law attorney acting as a mediator can help couples with their disputes if needed, including: custody and visitation, child support, spousal support and property division.
In California, even though courts typically order divorced couples to participate in custody mediation before a court hearing, it is possible for the couple to hire a private mediator to conduct mediation on all other disputed issues. Mediated divorce can be a better alternative to litigation if you fight it on the sidelines. A successful mediation helps simplify the remainder of the divorce process. Divorce by mediation or a collaborative divorce is often cheaper and quicker than a contested divorce in court, or the do-it-yourself route.
Mediators advise their clients to hire a lawyer to consult with each party separately during and after the mediation. These consulting attorneys offer advice and review the final agreements before they are submitted to the courts. However, the consulting attorneys generally do not participate at all in the negotiation or mediation sessions. This is a big benefit from mediation which can save divorcing couples thousands of dollars. Success in mediation, even on one or more issues, can make a difference is cost saving for the couples.
Another advantage of divorce mediation is that it can be finalized through the spouses themselves. The spouses can make agreements based on their personal needs and the urgency of the issues, and is not affected by a busy court schedule or court dates. Moreover, it gives the couple time and opportunity to communicate and work together on matters they believe to be important to them. A successful divorce mediation can be completed within 30 days or up to six months, depending on the issues and the parties’ abilities to work together.
In a typical divorce mediation scenario, the mediator is a neutral third party who can provide advice and help with the resolution and the negotiation of the divorce in mediation sessions. The divorce mediator does not represent either party in the courtroom. The mediator is not a judge or a jury for your case. That means the mediator does not have the ability to make final decisions for the parties. For some couples seeking finality and decision making power, that can be a con.
Divorce lawyers are professional professionals who assist in mediation. The mediator assists in talks and negotiation, ensuring both parties have shared their concerns. Mediators are generally experienced divorce attorneys. The key responsibility of a mediator is maintaining equal power dynamics in the between the divorcing spouses during mediation. The mediator actively promotes a supportive atmosphere in which both parties can be heard. The mediator never takes sides and advocates against one party against the other. Instead, the mediator helps the couple find the best possible common ground and solutions.
Put your future in your own hands. No two people understand your situation better than your spouse does. Mediation can provide a means to help you decide what the terms will be for your divorce. Judges usually carry large case loads with very little time to hear about your disputes in the courtroom. That means if you and your spouse does not work through the issues together for a mediation agreement, you will leave your future to be decided by a stranger (the judge). Through mediation you can develop creative strategies to solve a variety of issues that plague your divorce.
A mediator does not have to be an attorney in California. At Regal Law & Mediation, our mediator is a seasoned divorce attorney who has practiced law for almost two decades. Without a family lawyer as a mediator, the parties risk making decisions that are not supported by the laws. It is important therefore, that the spouses use an attorney/mediator. This is a collaborative divorce process so the mediator/attorney will not be giving any legal advice in mediation.
Mediation, an out of court process, is much more affordable than a litigated divorce or traditional divorce litigation. On average a person spends $5,000 to $30,000 for divorce attorneys, so in total, a couple can spend up to $60,000 for attorneys fees. Mediations are much more affordable and cost-effective. In many mediations, spouses split the mediators’ fees or use community funds to pay for mediation. Further, settlement discussions are confidential and private, so the mediation process is shielded from court.
If the mediation is successful and completed quickly, your relation with your ex spouse will remain in a better condition than if you had spent months and thousands of dollars fighting at the courthouse. Court disputes tend to foster lingering anger and resentment that becomes almost impossible to forget even after litigated divorce is over. This has clear consequences for your children and your coparent relationship. Mediation will help set up a more harmonious relationship as well as allowing effective future co-parenting. According to a recent study, parents that utilized divorce mediation are more likely to see and have a relationship with their children.
A divorce mediator is essential during mediation. Their mission is to assist the couple navigate the complexities of divorce and find an agreed settlement. A mediator helps couples make their own decisions, instead of a judge, and keeps everything about their family confidential. A divorce mediator’s first duty is to provide a safe environment that facilitates open communication. This gives couples the opportunity to express their needs without retaliation. Through the promotion of effective communication, the mediator assists couples to find common ground.
Yes, mediation is more than just for a divorce. You can do mediation for any issues that arose after the divorce is over, such as child custody, support modification or enforcement of divorce settlement agreement terms.
The process can also include mediation or collaborative divorce. The main difference between mediation is that parties meet individually with a neutral mediator. In a collaborative process, both spouses have lawyers involved in collaborative meetings.
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