California Divorce and Family Law Mediation Blog

Blog about California Divorce Mediation and other Family Law Topics

Archive for the ‘Consultants’ Category

Interviewing Children in Divorce Mediation

Posted by cadivorceblawg on September 2, 2009

Drawing of a ChildIn a previous article, “Children and Divorce Mediation,” I compared the impact of litigation versus mediation on your children during your divorce. More and more parents decide that mediation is a better solution for themselves and for their children. Yet, many still wonder whether and if so how much children are included in the mediation process.

Undoubtedly, your children’s best interests are an important aspect of your mediation and will be at the forefront during the parenting or custody sessions. However, it is important to keep in mind that the negotiations take place between you, the adults, and that you make the final decisions. Your children should not make your decisions for you, but their input can be invaluable.

Maybe you already talked to your children and have an idea of what they want. If you are uncertain or are having trouble talking to your children, there are other options available to get your children’s input during the mediation:

  • The mediator can interview the children him- or herself; or
  • A therapist or child specialist can interview the children.

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Posted in Children, Consultants, Divorce, Divorce Mediation | Tagged: , , , | 2 Comments »

Consulting Experts during Divorce Mediation

Posted by cadivorceblawg on July 7, 2009

Info IconIn divorce mediation, the mediator’s role is to guide you through the divorce mediation process, help you communicate with each other, and provide objective information to help you make informed decisions and reach an agreement.

In some situations, consulting a professional is necessary to help couples overcome their complex issues. That does not mean that divorce court is the only option left. On the contrary, inviting experts into the mediation is often a beneficial decision.

Experts in Family Court
When you need expert advice or testimony in family court, each of you will hire your own expert. He or she will work with your attorney to arrive at a position that is most favorable to you. In the end, a judge will consider two usually completely opposite opinions and make a decision.

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Posted in Consultants, Divorce, Divorce Mediation | Tagged: , , , , , | 4 Comments »

Consulting an Attorney during Divorce Mediation

Posted by cadivorceblawg on June 30, 2009

AdviceThe role of a mediator in private divorce mediation is to facilitate the negotiations between you and your spouse, guide you through the mediation process, and provide an overview of applicable family law.

What a mediator cannot do is give you legal advice. S/he is ethically prohibited from doing so. Furthermore, it would also prevent the mediator from providing the fair and balanced environment necessary for a successful mediation.

Legal Advice
A great way to get legal advice is to consult an attorney at the beginning of your mediation. Many mediators encourage their clients to find a lawyer who will consult with them at the outset of the case and whom they can contact throughout the mediation process.

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Posted in Consultants, Divorce, Divorce Mediation, Lawyers | Tagged: , , , , | 4 Comments »