Mediation offers a way for couples to resolve their issues without the long, expensive, and emotionally draining courtroom battles. If you’re considering divorce, this can provide a more peaceful, private, and cooperative alternative.
In this step-by-step guide, we’ll walk you through how mediation works in California divorces.
What Exactly Is Mediation?
This is a process where you and your spouse work with a neutral third party. The mediator can help to resolve your divorce-related issues, such as:
- Property division
- Child custody
- Spousal and child support
The mediator doesn’t make decisions. Instead, they can steer towards productive conversations to help you find common ground.
Now that you know the basics of mediation, what are the steps in the process?
Step 1: Deciding If Mediation Is Right for You
Mediation works best when both people are open to communication and willing to compromise. If there’s a history of abuse, power imbalances, or one spouse refuses to negotiate in good faith, mediation may not be the best choice.
California requires mediation for child custody disputes before going to court. However, many couples choose mediation voluntarily to avoid the emotional and financial cost of litigation.
Step 2: Finding the Right Mediator
Once you decide to go the mediation route, the next step is finding a mediator you trust. These individuals are often experienced attorneys, retired judges, or other trained professionals. They will often specialize in conflict resolution. Remember that these professionals are neutral parties, meaning they don’t represent either spouse.
Step 3: Getting Ready for Mediation
Before the first session, you will want to collect all the documents and information that will be relevant to your divorce. This might include:
- Bank statements, tax returns, and mortgage statements
- Information about owned assets, such as a house, cars, retirement accounts, or investments
- Lists of any outstanding debts, like credit cards or loans
Knowing your goals can help keep the mediation focused and productive.
Step 4: The Mediation Sessions
Mediation takes place in a neutral, private setting. This can often occur at the mediator’s office, but virtual sessions are popular. Most mediation sessions last two to three hours. Many times, couples need several sessions to work through all the issues.
Here is what to expect during a session:
- Opening remarks: The mediator will explain how the process works, set some ground rules, and establish a respectful environment for the conversation.
- Discussion: You and your spouse will have the opportunity to share your perspectives and your concerns. The mediator will make sure both sides are heard.
- Problem-solving: The mediator helps identify areas of agreement. They will suggest ways to resolve disagreements. These professionals work with both of you to develop solutions that address everyone’s needs.
- Drafting the agreement: As you reach an agreement, the mediator will begin drafting a written summary that outlines the terms. This is not legally binding. However, this can serve as the foundation for your divorce settlement.
Mediation is about collaboration, not conflict. The mediator’s job is to keep things on track and prevent the conversation from becoming too contentious.
Step 5: Reviewing and Finalizing the Agreement
Once you and your spouse have agreed on all the major issues, the mediator will create a written document. Since it is not legally binding, you will want to have your divorce lawyer review it. They can make sure that your interests are protected and that the agreement complies with California law.
Once your attorney signs off, the final agreement is submitted to the court for approval. After the court approves the deal, it becomes part of your official divorce judgment.
What happens if mediation doesn’t work? While many couples succeed in mediation, it doesn’t work for everyone. If you and your spouse can’t agree, you can still take your case to court.
Learn More About Mediation for Your California Divorce
Now that you know how mediation works in California divorces, you can decide if that is the best option for you.
If you want to learn more about options for your California divorce, Roberts & Zatlin Law Office is here to help. To schedule a consultation and receive a free initial assessment of your case, please call (951) 381-8147 today.