Experienced California divorce attorneys are not cheap! Divorce mediation is becoming a popular alternative to a courtroom battle as it is confidential, quicker, and much cheaper than using the courts for your divorce.
How does voluntary mediation work?
The mediator is chosen by you and your spouse to explain the law and help resolve your disputes. Without taking sides, the mediator will apply the law to the facts of your case and give a prediction on the likelihood of a judge ruling in your favor.
You do not have to accept the mediators recommendation. You or your spouse is free to walk away from a mediation session and all your discussions and tentative agreements remain confidential and may not be introduced in a normal California family court hearing.
Mediation is not for everybody. Successful divorce mediation requires that you and your spouse can sit in a room together with the mediator and provide all the information necessary for the mediator to guide you to a fair result. For some married couples this is impossible. For others it is an excellent alternative to resolving their divorce in front of a judge in a crowded courtroom.
If mediation is successful, the mediator will provide you with a final settlement agreement that will include all the issues of your divorce, including property division, child custody and support, spousal support, and attorney fees. Once the agreement is signed it is legally enforceable. The agreement is then filed with the Court as part of the judgment.
What are the costs?
The average litigated divorce in California is $15,000. The actual cost varies with the complexity of the divorce. By contrast, mediation averages $4000. A benefit of mediation is that it is often a pay-as-you-go process, which gives an incentive to resolve issues at mediation yet abandon it with little costs incurred.
What is required mediation?
Sometimes the parties are required to attend mediation, usually in child custody disputes. Custody mediation occurs when the parents are unable to come to an agreement concerning care for their children. A mediator will sit down with the parents and discuss their custody dispute. After mediation if the parents are unable to agree on custody issues, in some counties the mediator is required to recommend to the court a resolution of the custody dispute. Judges tend to trust the mediator’s conclusion and apply their recommendation.
What is the collaborative law process?
Collaborative law is a cost-saving negotiation technique used in resolving family law cases which is now codified under California law. The spouses and a group of professionals including lawyers, mediators, and counselors all agree in writing to use their best efforts and to make a good-faith attempt to resolve disputes without resorting to adversary judicial intervention. Success in collaborative law obviously requires both spouse to be able to collaborate which is often difficult since the inability to work together is often the cause of divorce. Ultimately the parties know best whether they should employ a collaborative law group to handle their divorce.
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