Mediation is a voluntary process where the parties to a divorce or family law matter retain the services of a neutral third-party mediator. The mediator does not represent either party in the proceeding and provides neutral guidance and recommendations to the parties in the negotiation process. With attorney-mediator assistance, the parties work together in an amicable fashion. The dispute resolution process itself fosters a fair, equitable and mutually agreeable settlement of issues such as child custody, visitation, child support, spousal support and community property division.
Ready to find a peaceful solution? Contact us today at (949) 565-4158 to schedule your consultation with our experienced divorce mediation team.
Advantages Of Divorce Mediation
Divorce mediation is typically a more cost-effective and productive alternative to litigation.
In the mediation process, the parties will meet together with the mediator on an informal basis to negotiate a resolution to the issues in their case without the need to appear in court. Although the divorce process can be emotionally trying and stressful for the individuals and their families, in many instances, the mediation process can assist the parties in taking control by allowing them to fashion and create "win-win" settlements that will be followed once implemented as court orders.
Rather than having a judicial officer dictate specific orders at a litigated court hearing, mediation allows the parties to create resolutions to their problems and issues that are individually tailored to the unique needs of their family.
The Divorce Mediation Process: What to Expect
Divorce mediation is an alternative to traditional litigation that allows couples to resolve disputes amicably. Here's what to expect during a typical mediation session:
Initial Consultation:
The first step is a meeting between the mediator and both spouses. The mediator explains the process, answers questions, and sets the tone for future sessions.
The mediator will also discuss confidentiality, ensuring that everything shared remains private.
Negotiation Sessions:
During mediation, both spouses come together to negotiate issues like property division, child custody, spousal support, and other critical matters.
The mediator remains neutral and facilitates communication between both parties, helping them express their concerns and work towards an agreement.
Cooperation and Open Communication:
The key to successful mediation is open communication. Both parties need to be honest, respectful, and cooperative.
The mediator helps ensure both spouses have the opportunity to speak and be heard.
Finalizing the Agreement:
Once both spouses reach a mutually acceptable agreement, the mediator drafts a settlement document outlining all terms.
After reviewing the agreement, both parties sign it, and it is submitted to the court for approval, making it legally binding.
When is Divorce Mediation the Right Choice?
Divorce mediation is a great option in many situations. It’s particularly beneficial when:
Couples with Children:
Mediation allows parents to focus on creating child custody and visitation schedules that prioritize the children’s needs. This often results in a healthier co-parenting relationship post-divorce.
Seeking a Faster and Less Expensive Resolution:
Mediation can be much faster and more affordable than litigation, as it avoids prolonged court battles and legal fees.
Avoiding Emotional Strain:
For those who want to avoid the emotional toll of a contentious court battle, mediation provides a more peaceful and less stressful environment.
However, mediation may not be suitable in certain situations, such as:
Domestic Violence:
If there is a history of domestic violence, mediation may not be appropriate because it can place the victim at risk and create an unsafe environment.
Power Imbalances:
In cases where one party has significantly more power or control over the other (e.g., financial control), mediation might not be effective because one party may not feel free to negotiate fairly.
How Divorce Mediation Can Benefit Children
One of the most significant advantages of mediation is how it helps parents create child custody and visitation arrangements that focus on the well-being of the children. Here’s how:
Focusing on the Child’s Best Interests:
Mediation encourages both parents to collaborate on decisions that are in the best interest of the child, fostering healthier family dynamics.
Creating Custom Solutions:
Instead of a judge deciding what’s best for the children, parents in mediation can craft solutions that work for their unique family situation.
Promoting Healthy Co-Parenting:
Mediation encourages communication and cooperation, which can lead to a more peaceful co-parenting relationship after the divorce, benefiting both parents and children in the long run.
Mediation provides a more flexible, cooperative approach that can result in better outcomes for children, as it emphasizes communication and mutual agreement rather than conflict.
Call a Newport Beach Divorce Mediation Attorney From Burch Shepard Family Law Group Today
Research studies show that parties to a divorce proceeding are happier with orders reached by agreement of the parties than orders issued by the court at a contested hearing. These studies also show that parties are more likely to follow orders reached by agreement than orders issued by the court at a contested hearing. Mediation has significant benefits in child custody matters.
For a consultation with one of our certified Newport Beach divorce mediation lawyers, Leea Summerville or Michael D. Wilkins at the Burch Shepard Family Law Group.
Need help with divorce mediation? Contact us now at (949) 565-4158 and take the first step towards a smoother, less stressful resolution.
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Frequently Asked Questions About Divorce Mediation
If you are struggling to find the answers to your questions. We are here to help. Click below to get answers.
How does divorce mediation differ from litigation?
Divorce mediation is a voluntary and non-adversarial process where both spouses work with a neutral third-party mediator to reach an agreement. Unlike litigation, which involves a judge making decisions, mediation allows couples to have more control over the terms of their divorce.
Is mediation legally binding?
The agreements reached in mediation are not automatically legally binding. However, once both parties agree to the terms, the mediator will help draft a formal settlement, which is then submitted to the court for approval. After approval, the settlement becomes legally binding.
Can I still have an attorney during mediation?
Yes, you can have an attorney present during mediation, although it's not required. Some individuals choose to consult with their attorney before or after mediation sessions to ensure their rights are protected, while others may prefer to have their attorney attend sessions to offer legal advice during negotiations.
What happens if we don’t reach an agreement in mediation?
If the parties are unable to reach an agreement in mediation, they can proceed with litigation. The mediator’s role is to help facilitate discussions, but if no agreement is made, the case will move forward in court where a judge will make decisions on the unresolved issues.
Can mediation be used for other family law matters besides divorce?
Yes, mediation can be used for a variety of family law matters, including child custody, child support, alimony, and property division. It is a versatile tool for resolving many types of family disputes outside of traditional courtroom settings.
Is mediation confidential?
Yes, mediation is a confidential process. Anything discussed during mediation cannot be used in court if the case proceeds to litigation. This confidentiality encourages honest and open communication between the parties, helping to facilitate a fair resolution.
How long does the mediation process take?
The length of mediation varies depending on the complexity of the issues and how well the parties communicate. Some couples reach an agreement in a single session, while others may need several sessions to work through all the issues. Typically, mediation is quicker than litigation, which can take months or even years.
