While some special situations may require a divorce lawyer, mediation has proven to be the most optimal route, especially for couples that wish to avoid lengthy court battles.
Related: When is Divorce Mediation Not Recommended?
How Does Mediation Work for Divorce in California?
Divorce mediation allows couples to work through their issues systematically, which is often more favorable than going to court.
Every mediation session follows a procedure that includes the following components:
1 Initial Consultation: The mediator launches the meeting by responding to any questions and asking the spouses particular goals.
2 Information Gathering: To fully understand the couple’s context, the mediator asks the couple to provide pertinent information (such as financial records, property outlines, and any existing or required parenting plans).
3 Negotiation and Discussion: The mediator leads respectful conversations to help both spouses reach a mutual agreement on both sides of the dispute while exploring various possible options with the couple.
4. Drafting Agreements: The next phase is writing down the settlement agreement, which encapsulates all details of the negotiated terms after each party confirms that they are on the same terms.
5. Final Review: The couple reviews their settlement agreement jointly, reviewing its validity, and, if preferred, seeks legal counsel prior to signing.
6. Submitting to Court: The settlement agreement is then filed in court, where the judge reviews the terms outlined before making them a matter of public record.
This structure primarily shows how straightforward and focused divorce mediation is in helping you reach agreements tailored to your needs. Keep in mind that not all situations are effective for mediation, which is where the next section comes in.
Learn More: How to Verify if My Divorce is Final in California?
When Is Divorce Mediation Mandatory and When Not?
2. If there is an unwillingness to negotiate, mediation won’t be effective.
3. A relationship where one party has more power than the other can cause discussions to be one-sided or the other spouse to speak less.
All parties must understand that agreements crafted during mediation are nonenforceable until presented before a court of law.
This means the mediator will have to present the agreed-upon terms to a California Family Law court for enforcement.
How to Prepare for Divorce Mediation
Adequate preparation before attending mediation increases the likelihood of a smooth divorce process. Taking the time to also prepare your thoughts ahead of time will be beneficial to you emotionally
So, how then do you prepare for mediation? Prepare better by following Experienced Divorce Mediator Dina Haddad’s , tips and tricks, mediation blog, and 90-Item Divorce Mediation Checklist.
Getting Yourself Ready
Prepare Your Emotions: Going through a divorce can induce a lot of mental stress; thus, it is important to prepare. Utilize relaxation techniques, talk to a trusted friend or (Divorce Recovery) therapist, and focus on maintaining calmness during discussions.
Gather Your Paperwork: Make a checklist of all financial documents, relevant properties, and custody plans to have on hand. This checklist ensures you have all the items needed to discuss important issues.
Set Clear Goals: Make note of what is of utmost importance to you while being open to compromise.
Choosing a Mediator
Look for the best divorce mediator near me, with specific expertise in family law and a proven history of successful mediations.
Communication is vital, so ensure the mediator’s general approach aligns with yours. Check clients’ testimonials or ask trusted people for recommendations.
Contact us with any questions or book a free consultation today.