Mediation is an attractive albeit unfamiliar alternative to many divorcing couples. Even couples, who are aware of the process, are often uncertain about the concept and benefits of mediation. Adding to the confusion is the fact that California Family Law mandates parties to attend mediation if they have minor children.
In this article, I will highlight some of the differences between court-ordered and private mediation.
Court-Ordered Mediation as Part of the Court Process
If you have minor children, court-ordered mediation becomes part of the divorce process in California courts. Once you file a petition for divorce or paternity, you will be automatically referred to Family Court Services (or the Conciliation Court) for mediation. Failure to attend this mediation can result in sanctions, just as if you missed a court hearing. The mediators working at Family Court Services are court employees and must follow the rules of the court.
Now that you made the difficult decision of getting divorced, you may be wondering about your options. Most likely, people you know went to court to get a divorce. Maybe, you also heard about divorce mediation and are wondering what it entails. Which one should you choose: divorce mediation or divorce court?