Explore Mediation Of Your California Divorce
For those couples who want to reach an amicable divorce settlement, mediation may be an option. The idea is that both parties sit down with a mediator and work out their issues in an attempt to avoid courtroom litigation, which is often an expensive and acrimonious process.
If you feel you may be able to work out various issues with your spouse, we would be happy to schedule a consultation with you to learn about the benefits of mediation as a less adversarial approach to divorce. This process is a real benefit for couples to settle their divorce outside of court. Our attorneys will discuss the pros and cons of mediation as a means to a workable divorce settlement that will cover all custody and financial issues.
How Does Mediation Work?
You sit down with an independent third-party mediator who does not represent either side. They act as a facilitator to help you work out the nuts and bolts of your family law issues. You and your ex can use mediation for a variety of family law concerns, including:
- Asset and debt division
- Child custody and visitation
- Spousal support
- Child support
- Other family law issues
Input from experts such as business valuation professionals and forensic accountants may be an important part of this process. Once the mediation process is started, it is often most beneficial financially for you to stay the course until you have worked out your difficult issues.
Mediation is not for everyone. Based on the circumstances of each case, some divorce cases require aggressive litigation – as is the case when one spouse is hiding assets or is the target of a criminal investigation. Mediating requires some give-and-take, and the ability to set aside emotions and grievances.
Is Mediation Confidential?
In most cases, any communications that you have during mediation are privileged. This means that these conversations are not subject to discovery nor can they be used as evidence unless every party involved, including the mediator, consents to it.
What Are The Benefits Of Mediation?
Mediating a dispute can offer many upsides compared to traditional litigation. Some of the benefits include:
- Keeping matters private
- Having more control over the outcome
- Maintaining amicable relations with the other party
- Reducing costs
If you can work collaboratively with your ex and you are willing to make certain compromises on the outcomes, then mediation with one of our divorce mediators might be a good option for you.
What Are The Stages Of Mediation In California?
Although mediation looks slightly different for everyone, there are a few broad steps you will follow:
- Seek counsel from a family law attorney who has experience handling mediation.
- Work with your attorney and the attorney of the other party to hire a neutral mediator.
- Sit down with your lawyer to decide what you want the outcome to look like.
- Have private mediation sessions with the other party and the mediator in which you negotiate compromises.
- Sign an agreement regarding the terms of your divorce, custody dispute or other family law matter.
- Submit the papers for a family law judge to finalize.
This process might seem overwhelming. It often feels that way. With Maggio Law, though, you have an ally to guide you through every detail, from beginning to end.
Who Is An Ideal Candidate For Mediation?
Mediation is not for every family law matter, but when both sides in a divorce are willing to make an attempt at collaboration through their divorce, mediation is often right for them. Consulting with a divorce mediation lawyer can shed additional light on the process and how it might benefit you.
Find Out If Mediation Is Right For You
If you are in the Orange County area, contact a divorce mediation attorney at Maggio Law by calling 949-227-3001 or send us an email to schedule a consultation and to explore whether mediation might be appropriate for you and your spouse as an alternative to divorce litigation.