• divorce mediation in california

Divorce Mediation in California

Divorce mediation is a cost-effective alternative to litigating family law issues in court. Importantly, Family Court Services helps divorcing spouses resolve pending legal issues. Visit Family Court Services Mediation Programs for more information about reasonably priced mediation services for divorcing and separating couples. In some situations, divorce mediation to resolve custody and visitation issues can be of obtained free of charge.  Read on to learn more about the benefits of divorce mediation.

What is Divorce Mediation?

Mediation is one of the most often used methods to negotiate divorce settlements. Mediation allows both spouses to discuss unresolved issues and reach an agreement in lieu of litigating in court. The mediator does not make any decisions for either spouse. Instead, the mediator’s main goal is to help the discussion towards a resolution both parties are willing to accept.

There are several benefits of using family law mediation to resolve divorce disputes. Divorce mediation is certainly less expensive than litigating disputed issue in court. In addition, mediation is confidential. Spouses can discuss sensitive issues about their divorce without worrying about their confidential information becoming a public record.

“I filed a custody and visitation Motion and my husband and I were able to settle our custody and visitation disagreement using the free divorce mediation set up through the court by A People’s Choice.” K. Bence
“Even though my spouse had an attorney, his attorney was not allowed to say anything in the mediation process. It was so easy and the Judge simply approved what the mediator recommended.” K. Bence

Get help setting up Divorce Mediation today!

GET STARTED!

Common issues discussed during  family law mediation include the following:

  • Child custody, visitation and support
  • Spousal support and Smith/Ostler payments
  • Division of marital property
  • Assignment of assets and debts
  • Taxes
  • Retirement account division

Prior to going to mediation, each spouse will get a chance to speak with the mediator. The mediator will ask a series of questions to find out some general information about each spouse and any issues he/she seeks to have resolved. During the first mediation session, the mediator will explain her role in helping each spouse reach a resolution. The mediator may have the couple in the same room during the entire mediation session or separate them into separate conference rooms. Depending on the nature of the issues, subsequent mediation sessions may be required. Child custody mediation  is conducted along the same lines but is restricted to dealing just with issues about the children.

The mediator tries to help the couple negotiate an agreement. Once all issues are resolved, the mediator may draft a settlement agreement. More often, however, the mediator will refer the parties to a Registered Legal Dicument Assistant to draft the agreement. The settlement agreement will be attached to the divorce judgment or other order.

Both parties should be flexible and mentally stable before attending a mediation session. Being open-minded can help the couple reach a resolution in a reasonable amount of time. Keep in mind, mediation is neither adversarial or argumentative. Both spouses must cooperate and collaborate to reach a resolution.

When to Consider Divorce Mediation

If you seek to avoid litigating marital issues in court, mediation may be a good option for you. Mediating child custody and other divorce issues can be low-cost and often the fastest way to resolve these issues and get divorced. Mediation allows each spouse to control the outcome of the legal process. Mediation may not be a good option when one of the parties has suffered from domestic violence.

Divorce Mediation Costs

Mediation is less costly than adversarial litigation and sometimes it can actually be free. For example, the court typically provides free divorce mediation to resolve issues of child custody, visitation and support when one of the parties files a Motion. For more comprehensive mediation, the parties can hire a private divorce mediator. A divorce mediator in private practice may charge anywhere from $100 to $350 per hour depending on where their office is located. Some mediators charge a flat fee for each session. The number of sessions needed to negotiate an agreement will depend on several factors. A typical divorce mediation session last between 3 – 4 hours.

Contact A People’s Choice for more information about how to schedule and prepare for divorce mediation. 

Get help with your Legal documents today!

A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney!

GET STARTED!

We would love to know your thoughts on this article. Connect with us over on Google+ or Twitter and join the conversation

By | 2018-01-18T15:46:42+00:00 August 9th, 2016|Family Law|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

Leave A Comment

error: Alert: Content is protected !!