Mediation is a common way many settle divorce terms without having to go to court. Divorce mediation can be a major cause of stress, but proper preparation can help ensure the process proceeds as smoothly as possible. Here’s how to prepare for divorce mediation.
What You Need to Know When Pursuing Divorce Mediation
What is Divorce Mediation?
The process of divorce mediation entails meeting with neutral third-party mediators in an attempt to settle divorce terms. Divorce mediation is sought after because it is cheaper and less emotionally taxing than going to court.
How Does Divorce Mediation Work?
Divorce mediators are used as a means to instigate a conversation towards reaching an agreement between two spouses going through a divorce. After the divorce terms are reached, they are written out and sent to the judge to sign.
Related: Divorce Mediation vs. Lawyer: Pros and Cons
What is the Time Frame of Divorce Mediation?
Divorce mediation varies from taking a time frame of one hour to six months of continual meetings.
What is the Cost of Divorce Mediation?
The cost of divorce mediation is based on the length of time taken by the spouses to reach an agreement. Divorce mediators cost a few hundred dollars every hour but are usually willing to negotiate.
Related: How to Find the Best Divorce Mediation Near Me
Will the Records Be Available to the Public?
All divorce records can be accessed by the public.
Dressing for a Mediation
Dress professionally. Women should be dressed in formal wear and men should wear a suit. Both need to be wearing closed-toed shoes and take proper hygienic actions.
Steps to take to Ensure an Effective Divorce Mediation
- Hire an effective divorce mediator who you trust to aid in such a process. Emotions and finances may get in the way, and an effective mediator can make the process run all the more smoothly. The mediator should be highly educated and should have a focus in their field. Hiring a divorce mediator who is a lawyer can be helpful with writing drafts for both spouses, drafting an effective divorce agreement, and filing papers with the court on the behalf of you and your spouse.
- Organize financial information. Information such as retirement funds, property value, vehicle value, stocks, shares, and all other assets will be asked to be disclosed. Moreover, credit cards, loans, and debts will also be reviewed in the process.
- Remember your overarching goals. If children are involved, the main goal is often to protect the needs of the children first. Approach mediation with a strong desire for the process to work and a willingness to compromise with a spouse for the sake of the children.
- Watch out for yourself. Take the time to practice mindfulness, meditation, or yoga in an effort to embrace healthy well-being throughout the mediation process. Having the mediator at one’s side can help mitigate stressors and encourage better relational health.
What Happens if the Divorce Mediation Fails?
If the mediation process proves to be unsuccessful, the divorce terms can be settled through arbitration or in the courtroom. The judge presiding over the case will take proper action to resolve the divorce terms in accordance with California’s divorce laws given that the arbitrator is serving as an outside of court judge.
Is the Mediator Allowed to File Divorce Papers?
Only in the case that the mediator is an attorney are they allowed to file divorce papers on the behalf of their clients.
Contact Us
If you or a loved one would like to learn more about how to prepare for divorce mediation, get your free consultation with one of our divorce attorneys today!