What You Need to Know About the Role of a Mediator in a Divorce
Mediation is a great way for couples to reach a divorce agreement. Here’s what you need to know about whether or not a mediator can file divorce papers in California.
Some mediators may file divorce papers in California. A mediator can file divorce papers for their client, but only if the mediator is an attorney. A mediator who is not an attorney cannot file divorce paperwork on behalf of their clients. A divorce mediation attorney, however, can file all the required papers with the court.
What is a Divorce Mediator?
A divorce mediator is a neutral third party that works with spouses to help resolve divorce disputes outside of court. A divorce mediator helps the spouses reach an agreement they can both accept by talking through the issues. Mediators do not make decisions, nor do they have the power to force either spouse to agree or do anything.
Related: Divorce Mediation in California: What You Need to Know
Why Choose Mediation?
Oftentimes, a couple going through a divorce will want to keep negotiations and decisions outside of a courtroom. Divorce mediation is a simple way for couples to reach agreements in a civil manner. Mediators can help reach agreements between spouses on disputes like alimony, child support, child custody, as well as property division.
Even if a couple cannot agree on everything, divorce mediation can help resolve some important issues, so that the couple may concentrate on unresolved issues and have a judge make a final decision instead. Mediation also helps spouses with trial preparation in the case an agreement is not reached.
Related: 7 Benefits of Divorce Mediation in California
The Role—and Benefits—of Attorneys in Divorce Mediation
While a mediator can help divorcing spouses reach an agreement on important issues, not all mediators are allowed to file divorce papers in California. Only a divorce mediation attorney is able to file the necessary divorce papers. It should be noted that mediators are not required to be attorneys, but it is extremely helpful for clients if they are. Divorce mediation attorneys can also bring more to mediation than just regular mediators. Divorce mediation attorneys typically have a deeper understanding of the divorce mediation process. They are well suited to mediate divorce term settlements or to reach a settlement at all. They have the capacity and knowledge to review a proposed settlement. And as previously mentioned, they can file all the necessary paperwork with the court, including the dissolution of marriage forms, the agreement paperwork, the judgment, and the final divorce forms.
In addition to the expertise and knowledge of a divorce mediation attorney, they can also save divorcing spouses time and money in the long run.
Related: Divorce Mediation vs. Lawyer: Pros and Cons
FAQs About Whether or Not a Mediator Can File Divorce Papers in California
Is mediation required in divorce disputes?
Mediation is not required in order for a couple to get a divorce, nor to settle their disputes. Spouses may decide to just have the courts settle their disputes. The purpose of mediation is to try to help spouses gain an understanding of their options in the divorce.
My husband and I used a mediator, and we came to an agreement. What’s next?
Once a divorcing couple comes to an agreement on divorce disputes, the mediator may draft a written agreement reflecting the terms agreed upon. The agreement will then be submitted to the courts for a judge to sign. It is important to note that mediation agreements are only enforceable once it is approved by a judge.
My divorce mediation proved unsuccessful, what can I do instead?
If divorce mediation is unsuccessful, divorce disputes can either be settled in court or through arbitration. A judge will resolve divorce disputes as California’s divorce laws lay out, while an arbitrator acts as an out-of-court judge.
Related: What Happens If Divorce Mediation Is Unsuccessful?
My spouse and I have already divorced, can we use a mediator to change our final divorce judgment?
Former spouses may wish to modify their final divorce judgments that may have stipulated orders like spousal support or asset distribution. Ex-spouses may use mediation after a divorce to make the changes they desire.
Contact Us
If you have any more questions on mediators filing divorce papers in California, contact us. Get your free consultation with one of our experienced Divorce Mediation Attorneys to discuss other options for your unique legal situation!