Is There A Set Standard In Divorce Mediation?

Posted by: Gerald A. Maggio, Esq.

Divorce mediation attorneys Orange County; California Divorce MediatorsDivorce mediation is not a mystery as people make it out to be nor is it as complicated as people deem it to be. Divorce mediation is one of the most simplistic forms of getting a divorce. Since it’s on your terms and conditions, it makes it one of the most effective as well. So, to answer your question, is there a set standard in divorce mediation? Due to the nature of the sessions and the method of drawing up the divorce settlement agreement, there is no set standard in divorce mediation.

What Transpires during Divorce Mediation?

In divorce mediation, the role of a divorce mediator is to listen to the clients talk about the issues regarding their assets, property, and children, if they have any. The divorce mediator during this takes calculated notes of everything said in the meeting to keep a record to reference later on. In the first meeting, each partner is asked to bring financial documents with him or her to give to the mediator to look over. The mediator doesn’t interfere, but guides them to make a fair decision regarding the division of assets by telling them laws to aid the decision-making process.

Brief Introduction to the Divorce Mediation Process

The first meeting is the longest because the divorce mediator reviews the financial documents provided by each party to see if the information provided is accurate. The mediator then takes the time to discuss the financial documents in detail. If one partner thinks that their ex is hiding something, they can voice their concern in the first meeting. That’s why it’s recommended that clients come prepared, especially if they suspect their ex to hide something. After the finances are out in the open, the partners get the floor.

Each partner tells the other of what he or she thinks is fair and not fair. After hearing each person’s viewpoint, the mediator provides them with legal information about their options regarding the division of assets and property. The information provided by the mediator can be general or complex depending on the type of assets being disputed. Lastly, the partner’s wish list of what they should get out of the divorce is discussed thoroughly.

What Each Person is Interested in Getting

This in one of the most crucial points of the divorce, as it decides who gets what after the divorce is finalized. If the partners want the same thing such as the house, it could create animosity between the two. However, in divorce mediation, they don’t fight for the property, but come to a conclusion to benefit both of them. For instance, they may try to sell the house and split the profit two ways. The best part is that both of them get to decide what each wants, and then make a decision together, without the intrusion of a third party to influence them or make a ruling on who gets what.

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