Divorce can be one of the most challenging experiences a person can go through. The process can be complex and often fraught with emotional difficulty. Entering mediation offers an alternative to courtroom litigation that allows each party to find a mutually beneficial resolution in a respectful and cooperative environment. Understanding how divorce mediation in California works can empower you to pursue the final divorce outcome you are seeking.
Divorce and Mediation in California
Divorces can be extremely difficult to navigate. With a national rate of divorce at 2.4 per 1,000 people, there is an ever-increasing desire to use alternative dispute resolution methods such as mediation to reach a divorce settlement.
Divorce mediation laws in California are informed by the state’s designation as a no-fault state. Articulated under the California Family Law Act of 1969, when parties file for divorce, there is no requirement of proof that wrongdoing has taken place on the part of a spouse. Irreconcilable differences are enough for a divorce to proceed.
Mediation is a common way in which divorces are settled out of court. In mediation, a third-party works with the divorcing spouses to facilitate communication and help achieve mutually agreeable solutions. They do not make decisions but serve each party to keep the process respectful and efficient in order to reach a positive conclusion for all involved.
Mediations occur at neutral locations, such as in the offices of an attorney, in online forums such as Zoom, and in other places that each party agrees upon. In the case of court-ordered mediation, such as happens during child custody cases, this may happen at a courthouse, such as at the Santa Barbara County Superior Court at 1100 Anacapa St., Santa Barbara, Cal, 93121, for those living in Santa Barbara County.
Pros and Cons of Divorce Mediation
While every divorce mediation case is different, the process is commonly utilized and has a reputation for positive outcomes. Mediation has been proven to effectively address the root causes of differences between both parties in order to reach an amicable resolution. It does come with its own set of challenges as well.
Understanding the advantages and drawbacks of entering mediation can help the process move more effectively. Unlike courtroom litigation, the decision-making power remains with those participating, rather than a judge. Terms are only binding if both parties agree, and the terms of an agreement are kept private.
While mediation is typically quicker than courtroom litigation, there is no guarantee of a timely resolution. Negotiations can prolong the divorce process if an agreement is unreachable. In such cases, a courtroom may be a better option to provide clear and decisive solutions.
The success of mediation ultimately depends on the willingness of both parties to reach a compromise. It is important to recognize that many divorce processes that begin amicably can quickly become contentious. Preparedness, however, can help to keep the process smooth and productive.
How to Approach Divorce Mediation
With an understanding of mediation and a skilled attorney, the process can be fruitful. It is important, however, to take into consideration several things when entering mediation:
- Be prepared. Be sure to have located and have access to relevant financial documents and asset valuations to begin negotiations in good faith.
- Don’t become emotional. Divorce can be a difficult process, but preventing acrimony from entering mediation can help the process proceed in a smooth and equitable manner.
- Don’t rush. It is important to remember that mediation is meant to serve both parties’ interests. Do not allow yourself to feel rushed or pressured. Take your time and allow the mediator to help you consider all the options.
It is important to hire a divorce mediation lawyer with a strong background in their field. An experienced mediator will be able to communicate effectively between each party and explore alternative solutions when disagreements arise.
Hire a Divorce Mediation Lawyer
Drury Pullen, APLC, has been helping California residents for years across a broad range of litigation, and our firm has been recognized for its contributions to the legal community. Jennifer E. Drury is a holder of the American Jurisprudence Award, while Susanna A. Pullen has been identified by the California Board of Legal Specialization for her extensive knowledge concerning family law.
Our team has gained a reputation amongst our clientele for bringing a results-oriented approach to each case and for our ability to communicate productively. Recognized amongst the legal community for our extensive skills in family law, our California divorce mediation attorneys help our clients pursue the outcome they are seeking. From child custody to spousal support, our team can navigate the complex conversations that happen in mediation alongside our clients.
FAQs
Q: What Is the Downside to Divorce Mediation?
A: While divorce mediation offers many benefits, there are some potential downsides. These include the possibility of a longer divorce process. Mediation necessarily requires negotiation and patience to allow each side to achieve a mutually beneficial outcome. This sometimes means that reaching a conclusion takes an extensive amount of time, and in some cases, it may be even longer than courtroom litigation.
Q: What Not to Say During Divorce Mediation?
A: While there is no single thing to refrain from saying during divorce mediation, there are several approaches that should be avoided. It is critical to remain objective and not allow yourself to use mediation as a means to seek retribution, insult, or otherwise “hurt” the other party. Allowing acrimonious statements to enter the environment can hinder the entire process and lengthen negotiations unnecessarily.
Q: How Much Does Divorce Mediation Cost in CA?
A: There is no set amount for divorce mediation costs. Lawyers are entitled to charge whatever rates they feel are appropriate for their services. This is often based on the range of issues to cover and the length of time it takes to reach a resolution. With this context in mind, a person entering mediation should be prepared to pay between several hundred and several thousand dollars, depending on the circumstances.
Q: Is It Better to Mediate or Go To Trial?
A: It is usually better to enter mediation before attempting to go to trial. Once a divorce goes to trial, the decision-making power is relinquished by either spouse. In addition, the court proceedings and final judgment are public, whereas mediation keeps them private. Finally, mediation allows the opportunity for cooperation between parties, whereas litigation often leads to an acrimonious and combative situation.
California Divorce Mediation Lawyer
Divorce can be an overwhelming process, but it is important to remember you are not alone. Regardless of the matters concerned, our knowledgeable and experienced attorneys can provide the support you need in your divorce mediation process. Contact Drury Pullen, APLC, today to discuss how we can help you pursue an amicable outcome.