California Divorce and Family Law Mediation Blog

Part 4: Divorce Mediation

In divorce mediation, you and your spouse hire a neutral third party, the mediator. He or she assists you in negotiating an agreement, but does not make decisions for you like a judge and does not advise you like an attorney. The mediator provides the environment for effective negotiations but stays completely neutral.

Mediators also often provide basic legal information so that you are aware of the issues involved. In addition, you can consult with an attorney to protect your legal rights.

Together you can agree on outside experts to provide objective information, whether concerning your financial situation, the parenting of your children, or other issues.

One advantage of mediation is its cost. Usually, both of you hire the mediator and share the fees. You also share any expert expenses. Similar to a collaborative divorce, you retain control and make all decisions. The resulting agreement is often more satisfying since you negotiated it yourself. Such agreements are also more likely to be honored in the future by both parties.

Divorce mediation usually takes less time than litigation. It only depends on how long you need to negotiate the agreement. In addition, divorce mediation is confidential, unlike litigation where proceedings and filed papers are open to the public. Finally, divorce mediation is often better if you have children, as the parties tend to make agreements that are in the best interests of the children.

Divorce mediation may not be appropriate for all situations. Cases involving family violence may not be suited for divorce mediation. A successful mediation depends on communication and to a certain degree teamwork and requires at least some cooperation between the participants.

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Note: This article is not legal advice. It only addresses general matters and should not be relied on by readers or considered legal advice. Only California law is addressed. Contact a lawyer in your state to discuss the specifics of your case and the applicable law.

Part 1: Do it yourself
Part 2: Hire a Lawyer
Part 3: Collaborative Divorce

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