Should I Choose Mediation for My Divorce?

Divorce in California can be extremely difficult. Whether the marriage lasted a few months or decades, there are a lot of emotions that can be involved during separation. When it comes to ending a marriage, there are many different options for carrying out the process. While it is common for each side to hire litigation and dispute items in court, mediation is another option that can be more peaceful and leave fewer scars.

Mediation is an opportunity for both of the divorcing parties to talk through their differences together and come to an agreement outside of the courtroom. If you are looking for a quick and easy divorce but still have some disputes about the divorce agreement, then mediation may be an option for you and your ex-spouse.

Divorce Mediation Explained

Divorce mediation is a means of working out disputes during divorce. The mediator is a neutral third party who helps facilitate the discussion between each of the divorcing parties. The issues that can be agreed upon during mediation include:

• Property division. Property division can be a contentious topic, especially if the marital property is particularly large or complex. If not decided upon separately, the California courts will divide all marital property in half between the spouses.
• Child support. The amount of child support that one parent will pay to a child and the length of time that they will make payments can be discussed. Clauses can be added for how much parents need to pay for other expenses like extracurricular activities and college tuition. Even though this is not required under CA law, having it written in the divorce agreement would make it enforceable.
• Child custody and visitation. If the divorcing couple has children, then deciding on the details of child custody and visitation is crucial. This can include discussing visitation schedules and parenting plans.
• Spousal support. A mediator can help facilitate the discussion for how much spousal support, otherwise known as alimony, will be paid out from one ex-spouse to the other, as well as what the long-term conditions will be.

In addition to supporting negotiations and agreements on these matters, mediators can also help divorcing couples work through financial disputes and the legal process, ensuring all of the proper paperwork is filed.

How Can Mediation Benefit Me?

There are many benefits to carrying out the divorce process via mediation in California. As opposed to the setting and nature of a courtroom dispute, mediation fosters understanding and collaboration. Overall, this reduces the likelihood of serious misunderstanding or conflict.

Also, by deciding on issues with your divorcing spouse outside of the courtroom, you can have greater control over the outcomes of your divorce. You and your divorcing spouse know the details of your situation, as well as your needs, more than a judge in a courtroom does. Therefore, you can come up with more creative and personalized solutions through mediation.

If you are largely concerned about privacy, then you will be relieved to know that mediation is completed outside of the public eye. This means personal information or financial information will not be shared and available on the public record.

Most importantly, mediation is an efficient way to solve conflict, and it is carried out much quicker on average than a divorce with litigation. There is no time wasted on waiting for court dates. Also, mediation can save money, avoiding expenses associated with court and other legal fees.

FAQs

Q: What Does a Domestic Relations Mediator Do?

A: A domestic relations mediator is a mediator who has particular training and experience working in the family law sector. They understand the complexities of the divorce process and common disputes that can arise. They are well aware of local laws and regulations and have mediated many family law-related disputes.

Q: How  Can I Choose a Divorce Mediator in California?

A: When you are looking for the right divorce mediator in California, it’s important to ask friends and family that you trust and do a thorough search on the internet. Work with a mediator who will put your children first and has a track record of creating customized and creative solutions for divorcing couples, as well as managing high-conflict situations.

Q: What Are the Stages of Mediation for a CA Divorce?

A: In California and the United States, divorce mediation typically has a common structure that it follows. First off, the divorcing parties must decide on a mediator in an initial consultation. Then, all parties will gather information and discuss potential disputes together. Next, the negotiation and problem-solving stage is carried out. Finally, all of the agreements are documented, and a legal professional reviews the legality of the agreements and submits it to the courts.

Q: How Do I Know if Mediation Is Right for Me?

A: Mediation can be a quick and easy way to resolve issues related to divorce. It is likely a good fit for you if there is no history of abuse in the marriage, if both the divorcing parties are willing to cooperate, and if complex financial matters are not involved. An experienced family law firm can help you decide whether mediation is right for your divorce.

Navigating Your California Divorce Through Mediation

If mediation is a right fit for your California divorce, then you can benefit from reduced conflict, having more precision and control over divorce outcomes, and saving money and time. It’s important to know that many family courts now typically request divorcing couples to go through mediation before coming to the court for litigation, as it is an effective practice that can help spare long-term damage in the family.

The legal professionals at Bickford Blado & Botros can support you in your efforts to carry out your divorce through mediation and help determine whether the process is right for you and your situation. We will work toward helping you get a solution that optimizes your divorce outcomes, protects your rights, and puts the well-being of your children first. Contact us today to learn more about our family law and divorce mediation services.

 

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