Mediation Guidelines for Divorcing Parents

By Gerald A. Maggio, Esq.

divorce mediation attorney in orange county; California Divorce MediationTo most people that have not had a divorce, Orange County divorce seems like one of the hardest most complex legal cases. They believe that the California courts and the Orange County divorce mediation services are enemies of one another, with neither of them accepting the other’s jurisdiction. This however is not the case. The family courts in California have programs that are designed to allow parents to mediate their custody issues to try and solve them out of court.

This is more common in cases of child custody where both parents are in disagreement as to the child custody arrangements. The judge will look to give them a chance at an amicable decision before making up their mind and deciding the case on his/her own. The court of law in California has a few guidelines that it expects divorcing parents to follow when they are looking to get divorced.

These can be things like making sure that the mutual respect between the two spouses is maintained, the spouses listen to each other before deciding on their line of action and most importantly to put the needs of the child above those of anyone else.

In a typical Orange County divorce mediation, the mediator might interview the child, if that would help the parents make up their minds in terms of agreeing on a single parenting plan. While the child will be questioned, it is strict guideline by the court that the approach of the interview must not be one that makes the child choose sides.

While the interviews of the child may be optional, then mediator is likely to interview both parents either simultaneously or one by one in private. According to the guidelines the choice of what type of interview is to be done rests on the spouses/parents. In cases of domestic violence or for couples that have a bitter history or restraining orders, a one by one interview in private works best.

Once the interviews are over the mediator will have a clear picture of the situation, he must then facilitate and encourage the two spouses to converse and sort out their differences amicably between themselves. According to the FSC guidelines the contents of the mediation are generally confidential in Orange County unless ordered otherwise by the court.

While this mediation can be called a type of mediation, it does not enjoy the same freedom as Orange County divorce mediation that is independent of the courts.

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