What You Need To Know About Divorce Mediation
As an experienced family law and divorce mediator, I help couples get divorced without litigation and going to court. In mediation, I act as a “third-party neutral,” also known as a mediator. The third-party neutral does not represent any one party in the dispute, but rather, helps both parties negotiate and come to the table to create their own settlement agreement regarding property division, custody and support issues. As a mediator, I prepare all the required forms, then conference with both parties at the same time, settle all issues, and have a signed written agreement that is filed with the court.
Divorce Mediation Can Protect The Children And Preserve The Marital Estate
Attorney’s fees can diminish savings and even the equity in the family home. Since mediation costs less, the marital estate can be preserved leaving both parties with more funds and assets.
One of the worse parts of a divorce is when parents disagree on the custody and visitation issues. Usually, it is the children that suffer the most. The children are not often called to choose directly, but there are many ways the children are poisoned against the other parent. If the children are older or if there has been time apart, one parent may already be taking the blame. Children will need both parents to help them through a divorce and mediation can help. Mediation can avoid the fights and disagreements entailed in litigation.
But, mediation will only work if both parties are willing to talk and compromise. If one parent alienates the other or is the gatekeeper, mediation will usually not work. If one parent neglects the children, abuses alcohol or drugs, or needs to be otherwise monitored, mediation will also not work.
The Goal Of Divorce Mediation
In divorce mediation, the goal is to inform each party of their rights and responsibilities, then reach agreement on all the issues. When a divorce is mediated, the process gets expedited and both parties leave the marriage with the satisfaction of having resolved their differences in an amicable manner.
The Benefits Of Divorce Mediation
Mediators do not represent either party. Mediators also cannot later represent one party against the other. But, whatever is discussed in mediation is protected by the mediation privilege.
If an agreement is reached, the agreement is signed and formally submitted to the court. If both parties are already represented, the mediator can work with the attorneys to resolve all the issues.
If an agreement is not reached, you can still choose to take your case to court. If an agreement on only one issue remains, you can also bifurcate or carve out that issue for the court.
Mediation costs less because you don’t speak through two attorneys or more. Both parties speak to each other. Even if the parties are represented by attorneys, mediation limits the fees incurred.
Find Out If Mediation Is Right For Your Circumstances
While mediation is not right for everyone, it could be right for your divorce or separation. I can help you decide. Serving clients throughout Orange County from my offices in Mission Viejo and Orange, I can be reached online through my secure website or by calling my office at 888-999-0259.