The Basics of California Divorce Mediation

By Gerald A. Maggio, Esq.

Divorce mediation Orange County; California Divorce MediatorsDivorce mediation is a popular method used by divorcing partners to settle their differences amicably. The proceedings involve a mediator who sits down with the two parties to discuss and solve issues. A mediator isn’t supposed to support one party over the other.  The mediator is neutral and impartial.

What role does a mediator play then? They are more like facilitators helping you and your partner come up with a settlement agreement. To help you understand what mediation is exactly, read on.

Can Anyone Use Mediation?

Mostly everyone can use mediation to dissolve his or her marriage, except for those who are victims of physical or emotional abuse. If you aren’t a victim of extreme circumstances, you should contact a mediator if you want to avoid a messy divorce. If you are still unsure about mediation, you should know that this method has many benefits.

What are the Benefits of Mediation?

Divorce mediation can provide you and your partner with numerous benefits such as these:

  1. It’s cheaper than litigation
  2. Both parties, together, decide what goes into the settlement agreement
  3. Mediation is confidential, no record is kept of the sessions
  4. It’s a collaboration between both parties so both parties leave satisfied
  5. Both parties can still visit a lawyer for additional advice
  6. Instead of the court controlling the process, both of you control it
  7. Mediation improves communication between the two of you, which helps you avoid conflicts in the future

In addition, it’s important that they compromise and not stay rigid when deciding on a solution to resolve an issue. Also, remember that mediation will only be successful if both partners are equally willing to put their differences aside and discuss issues.

Tips to Make Your Mediation Sessions a Success

If your partner has suggested that you both should try mediation, don’t brush the suggestion off. Instead, research on what it is or talk to a mediator to find out more. Most sites will tell you that divorce mediation is a powerful process that actually works and they are right.

However, the process won’t work if you visit the mediator with a negative mindset to attack every suggestion your partner gives you. Use this time to discuss everything that’s on your mind such as property disputes, child support and child custody, among others. Hence, if you are seriously considering this option, follow these tips to make your sessions a success:

  1. Involve yourself in the discussion
  2. Don’t hold back, voice your concerns
  3. Compromise on certain issues
  4. Remember that the primary goal is to resolve issues, not create more
  5. Keep your tone pleasant
  6. Don’t lash out at your partner
  7. Be patient and listen

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”