Mediation: A Collaborative, Efficient Divorce Method

When going through a divorce, couples often want to keep negotiations civil and outside of the courtroom. Divorce mediation is a common way for divorcing couples to collaboratively arrive at divorce terms. As an impartial third-party with experience in such matters is necessary, clients often seek experienced attorneys to help meditate divorce. Your divorce mediation lawyer can help resolve divorce terms such as child custody, spousal support, property division, and child support. Some clients feel more comfortable with a mediator of the same or opposite sex; we will accommodate your needs and preferences. At your request, we’ll connect you with one of our female divorce mediation attorneys.

What is Divorce Mediation?

Divorce mediation is a process by which an impartial third party helps settle a couple’s divorce terms. A divorce mediator helps guide divorcing couples through negotiating terms such as child custody, property division, child support, and spousal support.

Contrary to judges or arbitrators, mediators do not make legally-binding decisions; they simply help guide negotiation between couples trying to settle divorce terms. The divorcing parties have the ultimate authority to make decisions; unlike a judge or arbitrator, the mediator does not make decisions on the couple’s behalf. Divorce mediators help ensure that divorce negotiations are conducted in a safe and civil manner.

Issues commonly settled through divorce mediation include

• Child custody
• Property division
• Child support
• Spousal support (alimony)

Our divorce mediators serve clients throughout the State of California in the following areas:

• Los Angeles
• Orange County
• San Bernardino
• San Diego
• San Francisco

Role of Attorneys in Divorce Mediation

Attorneys that specialize in divorce mediation possess both a thorough understanding of divorce law and experience in helping couples civilly negotiate separation terms. Divorce mediation attorneys can help you:

• Understand the divorce mediation procedure
• Prepare for mediation
• Mediate divorce term settlements
• Reach a settlement
• Review a proposed settlement
• Draft formal divorce paperwork

Although your mediator does not need to be a lawyer, a divorce mediation lawyer can perform all tasks that a mediator would perform, while also handling legal paperwork and counsel that only an attorney may provide. A mediator that is also an attorney can save divorcing couples time, money, and energy.

We understand that some clients may feel more comfortable with certain mediators; we will accommodate your preferences. At your request, we’ll connect you with one of our female divorce mediation attorneys.

How does divorce mediation work in California?

As every divorce situation is unique, some divorces require multiple mediation sessions, while others require only one session. Either way, there are 5 steps to divorce mediation in California.

Introduction

In the introductory mediation meeting, mediators introduce themselves and explain their roles in detail. The divorce mediator will spell out that he/she is a neutral party and will act in the fairness of all parties involved.

Private Meetings with the Mediator

Each spouse will have their chance to explain their side of the story during private meetings the mediator. By not having their spouse in the room, the couple can avoid bickering while the mediator retains all relevant facts regarding the marriage.

Statement of Resolvable Terms

In this stage, the couple and mediator will identify all terms that they seek to resolve through mediation. Divorcing couples usually seek to settle child custody, child support, property division, and alimony terms during mediation.

Discovery (Information Gathering)

Discovery includes gathering all relevant information necessary to make informed decisions. Such evidence can be financial documents or testimonies to help the mediator better understand the situation at hand.

Negotiation

During negotiation/bargaining, the couple and mediator will work collaboratively to resolve specific divorce terms. In this session, some mediators propose settlements and allow each spouse to amend any aspects of the settlement they disagree with. Spouses can collaboratively brainstorm and discuss divorce terms that work for both of them. In other situations, mediators meet with each spouse individually to discuss negotiations. If tensions are high, some divorcing spouses prefer to negotiate divorce terms without physically speaking to each other.

Resolution

Once the couple has agreed to all divorce terms, the mediator will finalize written settlement agreements for the spouses to review and sign. If you prefer, your mediator can draft a brief memorandum that summarizes the essential points of your settlement.

Divorce Mediation FAQs

Is it better to take a divorce to court?

Couples in strenuous or violent relationships often take their divorce to court. If the spouses cannot collaboratively work in a civilized manner to settle divorce terms, a judge can make legally-binding decisions on their behalf.

What is the best negotiation strategy in mediation?

During divorce mediation, the most successful negotiators do not personalize divorce issues. It’s important to separate emotions from the matters at hand. If they do not personalize issues, spouses can think clearly when settling divorce terms.

To avoid personalizing discussions, spouses may choose to privately or collaboratively discuss their wishes regarding child custody and other divorce terms with the mediation attorney.

Should your divorce mediator be an attorney?

While couples seeking mediation hire one mediator and two attorneys to represent them, one divorce mediation attorney can perform all three roles. This can both save money and facilitate healthy discussion.

Although mediators do not need to be attorneys, divorce mediation lawyers carry both legal expertise and meditation experience; they can provide the legal knowledge necessary to properly settle divorce terms.

Should I hire an attorney or mediator for divorce?

Couples that can remain civil often choose to hire a mediator instead of an attorney for their divorce. However, divorcing spouses in strenuous marriages often hire attorneys to counsel and represent them throughout the divorce process.

Every couple’s situation is different; thus, no solution should be the same. There is no golden rule when it comes to choosing the right divorce process; its completely dependent upon your given situation.

Depending on your circumstances, hiring an attorney to mediate your divorce may be your best course of action. Mediators typically do not carry the legal expertise necessary to navigate through California’s complex divorce laws. A lawyer with experience in divorce mediation can properly provide legal counsel and help reach fair divorce settlements. Her Lawyer’s divorce mediation attorneys remain impartial throughout the mediation process, allowing both spouses to negotiate divorce terms without impeding on each other’s rights. Divorce is a sensitive matter, and some clients feel more comfortable with certain mediation lawyers; we will accommodate your preferences. At your request, we’ll get you in touch with one of our female divorce mediation attorneys.

Can I do mediation for divorce if I already filed and hired an attorney?

Yes, you can seek mediation even if you’ve already filed for divorce and hired an attorney. Your attorney can still legally counsel through mediation rather than the court process. When settling divorce terms through mediation, an attorney can legally counsel and represent you to protect your rights.

What happens when divorce and custody are done through a mediation attorney?

During mediation, a divorce mediation attorney works with both spouses to settle child custody terms. Child custody mediation usually involves discussing how child custody and visitation rights should be divided, while the mediator facilitates discussion protecting the child’s best interests.

As divorce negotiations can become messy, our divorce mediation attorneys impartially protect the rights of all parties involved. We understand that divorce can be a sensitive matter; we will accommodate your needs and preferences. At your request, we’ll get you in touch with one of our female divorce mediation attorneys.

If divorce attorneys are dragging on your case and making no progress can you request mediation?

Yes, you can request mediation if attorneys are dragging on your divorce. You can drop your divorce attorney at any time. If you prefer to keep your attorney during mediation, your attorney can legally counsel and represent you throughout the process. Even in mediation, it’s important to thoroughly protect your rights.

What happens after divorce mediation?

After divorce mediation, your mediator or attorney will draft legally-binding settlement agreements, detailing all terms of the divorce, for both spouses to sign. These documents will then be sent to your local court; a judge will review them and grant your divorce if the terms follow local and state laws.

How much does divorce mediation cost in California?

Divorce mediation usually costs a flat fee per session, which can be negotiable with mediators. Of course, the more sessions necessary to reach a settlement, the more the mediation will cost in total.

Divorce mediation is most monetarily efficient when mediators are attorneys. This way, spouses only need to hire one divorce mediation attorney instead of one mediator and two attorneys.

Why do divorcing couples seek female divorce mediation attorneys?

Couples often seek female divorce mediation attorneys that can remain impartial throughout the mediation process. If you prefer for your mediator to be a woman lawyer, we can connect you with one of our female divorce mediation attorneys.

Divorce Mediation – Attorney Principles

Remaining Impartial

As mediators, our highest priority is to remain as a neutral third-party that helps facilitate healthy discussion and agreements. Divorcing spouses seek mediation in order to settle divorce terms in a civil manner; it is our duty to remain neutral and help guide such discussion.

Protecting Each Party’s Rights

Uniquely, our divorce mediation attorneys carry the legal expertise and mediation experience necessary to properly guide mediation sessions and navigate through California’s complex divorce process. As esteemed attorneys, we must protect the legal rights of all parties involved and ensure that no spouse’s rights are impeded during negotiations.

Individualized Representation

Every divorce is unique. Based on your unique legal situation, needs, and preferences, we’ll match you with the most qualified attorney in your local area. We understand that some clients may feel more comfortable with certain mediators; we will accommodate your preferences. If you prefer, we can get you in touch with one of our female divorce mediation attorneys. Legal help is only a call away.