What is Divorce Mediation?
Deciding to divorce is a big step. One that you have probably been thinking about for quite some time. You’re in one of two boats: You’ve either already made the decision to divorce or you’re still on the fence. Either way, you want to make sure you get it right.
If you’re still on the fence, you know there are significant issues in the marriage but there’s something holding you back from moving forward. You’ve invested a lot of yourself in this relationship and you don’t know if it’s time to throw in the towel but also know things can’t stay the same.
If you have already made the decision to divorce, you’re concerned with getting it right in the process. And you don’t know exactly how to do that. You’re used to getting things done, but when it comes to divorce, you’re lacking confidence and knowledge about how to best tackle this transition and the unfamiliar legal process. You may not have done this before, and you don’t know where to start. There are a thousand questions swirling around in your mind and you’re getting overwhelmed with the scope of the uncertainty that lies ahead.
Divorce Mediation in California
Divorce mediation is a popular alternative to traditional litigation in California due to its many benefits. In California, divorce mediation is a confidential, voluntary process that can be used to resolve issues related to divorce, child custody, child support, spousal support, and property division. In the mediation process, the mediator acts as a neutral, third-party facilitator. The mediator cannot make decisions for the parties involved but instead facilitate communication and negotiation between them in an effort to assist the parties in reaching a resolution of their issues.
One important aspect of California divorce law is the requirement that both parties fully disclose all financial information. This includes information about assets, debts, income, and expenses. Full disclosure is necessary to ensure that the parties can make informed decisions and that any agreements reached are fair and equitable. This financial disclosure process is still required in the mediation process.
Mediation can be an effective way to resolve disputes and avoid the expense and stress of a litigated divorce. By working together in mediation, couples can often find creative solutions that meet everyone’s needs and concerns.
In California, there are also other types of mediation, including court-connected mediation through Family Court Services, or child custody recommending counseling, required prior to a contested hearing regarding custody can proceed in court. There are stark and important differences between general divorce mediation and the type of “mediation” that occurs through Family Court Services.
Partners Kevin Cadora and Lauren Fair both regularly serve as divorce mediators for spouses who want to divorce cooperatively and cost-effectively, with as minimal court involvement as possible.
Determining if You’re a Good Fit for Divorce Mediation
Divorce mediation can be a good option for couples in San Diego who want to avoid the adversarial nature of traditional divorce proceedings. It can be particularly useful for those who are willing to work cooperatively to find solutions that benefit both parties. Divorce mediation makes sense for couples who want to maintain control over the divorce process and avoid having a judge make decisions for them. It is also a good option for couples who want to keep the details of their divorce private and avoid the publicity that can come with a court case. Additionally, divorce mediation may be a good fit for couples who have children, as it allows them to focus on the best interests of the children and find solutions that work for the whole family. Overall, divorce mediation is a good choice for couples who want to minimize conflict, save time and money, and find a peaceful resolution to their divorce.
When Divorce Mediation isn’t Recommended
While divorce mediation can be a helpful alternative to traditional litigation, it may not be suitable for every situation. If there is a history of domestic violence or abuse, mediation may not be recommended, depending on the circumstances. Additionally, if one or both parties are unwilling to compromise or engage in good faith negotiations, mediation may not be effective. The only way mediation works is when both parties are committed to working toward a cooperative resolution.
Hiring an Experienced Divorce Mediator in California
When considering divorce mediation in San Diego, it is important to choose an experienced and qualified divorce mediator. An experienced divorce mediator in San Diego can help guide the parties through the process, facilitate communication and negotiation, and ensure that any agreements reached are legally binding and fair. Look for a divorce mediator in San Diego who is trained in conflict resolution and family law, and who has a track record of success in helping couples reach agreements. It is also important to find a mediator who is impartial and neutral, and who does not have a vested interest in the outcome of the mediation. An experienced mediator will be able to help the parties navigate the complex emotional and legal issues involved in divorce, and can provide a safe and confidential space for discussions. By hiring an experienced divorce mediator in San Diego, couples can increase their chances of a successful mediation and a positive outcome for both parties.
Preparing for Divorce Mediation in California
Preparing for divorce mediation in San Diego can help increase the chances of a successful outcome. If you think divorce mediation makes sense for your situation, follow these tips to help you better prepare for the divorce mediation process:
- Gather all relevant documents: Collect all financial documents, such as bank statements, tax returns, and investment statements. Also, gather any legal documents related to the divorce, such as prenuptial agreements or court orders.
- Identify your priorities: Think about what is most important to you and what you hope to achieve in mediation. Identify your priorities and be prepared to communicate them clearly to the mediator and your spouse.
- Be open to compromise: Mediation involves negotiation and compromise. Be prepared to listen to the other party’s concerns and be open to finding creative solutions that work for both sides.
- Practice effective communication: Practice active listening and effective communication skills, such as “I” statements, to help ensure that your message is heard and understood.
- Manage your emotions: Divorce can be an emotional process. Be mindful of your emotions and take steps to manage them, such as taking breaks when needed or seeking support from a therapist or counselor.
- Familiarize yourself with the process: Understand how the mediation process works and what to expect. Ask questions if you are unsure about anything.
- While you’re preparing for divorce mediation, if you feel like you can’t do any of the tips listed above, divorce mediation may not be the right choice for you.
