How Mediation Can Help
Learn more about divorce mediation to determine if this process is right for you in your divorce.
If you are in the process of a divorce or considering divorce in the state of California, you have the legal option to choose to go through an alternative dispute resolution process, such as mediation. In many cases, the alternative dispute resolution process allows both sides the opportunity to have their opinions heard, which fosters an environment of cooperation rather than independent adversarial positions.
Mediation is a process by which both spouses meet with an independent neutral third party, called a mediator. A spouse has the legal right to be represented by an attorney during these procedures, or can choose to be self-represented. Mediation can help both spouses make difficult decisions regarding child custody, the division of marital property, and child and spousal support calculations. A mediator does not have the legal authority to make any enforceable rulings on either spouse. However, a mediator can offer both spouses suggestions and unique avenues to come to resolutions and agreements quickly.
The mediation process can benefit spouses in contested divorces as a way to seek compromises instead of continuing the emotionally and financially exhausting battles involved in divorce litigation and ongoing contested divorces. Where spouses choose to be self-represented, it is a good idea to have any potential agreement reviewed by an attorney, as the mediator’s job is to facilitate agreement, not to give legal advice. And it is a good idea to have someone with experience in family law as the mediator, whether it is a private judge who previously heard family law cases or a family law attorney who is experienced in handling issues that arise in a divorce case.
Mediation May Not Be The Best Solution For All Divorces
It is important to note that mediation may not be the best solution in all divorce cases. If one spouse feels intimidated by the other spouse, if there were instances of domestic abuse or emotional manipulation, or if one spouse threatens the other in any way, mediation may not provide the best solution for reaching resolution of important marital issues. If a spouse feels intimidated, scared, or threatened by the other spouse, no matter how many neutral parties are in a room, that spouse will not feel safe or comfortable enough to voice his or her opinions without fear of retaliation or retribution. In these cases, it is best that the parties seek to have their voices heard only through the representation of their attorneys.
Learn How an Experienced Divorce Attorney Can Help You Today
If you are considering alternative dispute resolution in your divorce case, contact an experienced divorce attorney today at the Law Offices of Lisa R. McCall, A Professional Corporation, at 714.644.8760 or online today to schedule a consultation. We can assist in a mediation case either as the neutral mediator or to represent one side in a mediation.