Rancho Cucamonga Mediation Lawyer

Divorce Lawyers Who Offer Peaceful Resolutions

Get a Consultation

Divorce is often characterized as being a traumatic experience, where former spouses are left with anger and regret. However, not all divorce has to be that way. In fact, sometimes divorce is necessary for a healthier quality of life and is mutually decided on. In cases like these, mediation might be a better option for divorce.

What Does Mediation Entail?

Mediation proceedings involve a neutral third party that listen to both sides of the story. They review the information and demands presented by both spouses and work to find a mutually beneficial agreement. A mediator is there to serve as a liaison between the splitting parties and thus, specifically does not pass judgment. Unlike divorces that go to trial, mediation looks to find an agreement that will satisfy everyone.

A good mediator will listen to both party’s requests and come up with a plan that will be advantageous for each spouse. Having a mediator can create a collaborative space that can be constructive, rather than divisive.

Who Can Be a Mediator?

In divorce mediation, the mediator is typically a neutral third party who facilitates communication and negotiation between the divorcing spouses.

Common types of mediators include:

• Attorney Mediators: These are attorneys who have received specialized training in mediation. They understand family law and can provide legal information during the mediation process, but they do not provide legal advice to either party.
• Licensed Therapist or Counselor Mediators: Some mediators have a background in psychology or counseling. They are trained in mediation techniques and may focus on the emotional aspects of divorce as well as the practical issues.
• Financial Mediators: These mediators have expertise in financial matters such as property division, spousal support, and child support. They can help couples understand their financial options and reach agreements that are fair and equitable.
• Community Mediators: In some cases, community mediators who are trained in conflict resolution may also facilitate divorce mediations. They may not have a specific legal or financial background but are skilled in managing negotiations and facilitating agreements.
• Hybrid or Team Mediators: Sometimes, mediators work in teams or in collaboration with other professionals (such as attorneys, financial planners, or therapists) to provide a comprehensive approach to mediation. This can be beneficial when complex issues require expertise from different domains.

The Divorce Mediation Process in California

Here's an overview of how the divorce mediation process typically works in California:

1. Choosing a Mediator: Both spouses must agree on a mediator. The mediator should be trained in mediation techniques and preferably knowledgeable about California divorce laws.
2. Initial Meeting: The process usually starts with an initial meeting where the mediator explains their role, confidentiality rules, and the mediation process itself. Each spouse may also have the opportunity to outline their concerns and goals.
3. Identifying Issues: The mediator helps identify the key issues that need to be resolved, such as division of property, child custody, child support, and spousal support.
4. Negotiation and Problem-Solving: The mediator facilitates discussions between the spouses to help them reach agreements on these issues. They may propose solutions, encourage compromise, and ensure that both parties have an opportunity to express their perspectives.
5. Drafting the Agreement: Once agreements are reached on all issues, the mediator drafts a written agreement outlining the terms of the divorce settlement. This document is not legally binding until it is reviewed and signed by both spouses and their respective attorneys, if they choose to consult attorneys.
6. Court Approval: If the spouses decide to proceed with the divorce, the agreement is submitted to the court for approval. If the court finds the agreement fair and reasonable, it becomes a court order.

Benefits of Mediation in a Divorce

Deciding to get a divorce can be difficult decision. It takes strength and courage to accept when a relationship is over. Although there are turbulent emotions, if a couple has both accepted the idea of a divorce, it might be worthwhile to settle rather than fight.

You and Your Ex Have Control Over the Proceedings

When a divorce goes to court, the couple has little control over what happens. There is a judge who presides over the case and it is his or her ruling that is final. With mediation, the couple has more control over discussion and the outcome. They can decide and settle on terms that are mutually beneficial to both parties, especially when it comes to matters of custody.

Less Expensive

In a typical mediation case, you and your ex will usually hire one professional to facilitate the settlement. You do not need to hire a lawyer for mediation and do not need to spend the extra money it takes to file a suit, draw up appropriate documents, and to await time in court. With mediation, you save money by coming to a settlement together.

You Receive More Focused Attention

A normal judge has to review multiple suits at a time. Because of the load, you and your ex may not get the time and attention you need. With mediation, the mediator has time to focus specifically on your case and understand where you both are coming from. This allows for a better discussion, more collaboration, and usually a more agreeable outcome for all involved.

Faster Resolution

When a divorce goes to trial, it can take many months to come to a settlement. Between drawing up motion papers, waiting for court dates, and waiting for the judge’s final decision, it can be a stressful and difficult process. Mediation offers a quicker resolution because the divorce can be handled outside of court.

You Have More Privacy

Mediation allows you and your ex to keep your personal matters private. The information discussed and documented in the mediator’s office are kept confidential. With arbitration, you have to discuss your personal history in front of the judge and others who are present in the court. You don’t want to discuss the most intimate details of your life in front of strangers.

You Have More Flexibility

In general, there is greater flexibility in mediation than there would be in litigation. Mediators often understand the demands of a busy schedule and are willing to work with you. They may even agree to have meetings in the evening, weekends, or through Skype. Mediation also allows you to have more flexibility when it comes to drawing up agreements between you and your ex. Mediators are there to help facilitate collaboration, not pass a final judgement. That is why you and your ex can come up with a more tailored divorce agreement that works for the two of you.

Less Combative

Mediation allows for a space where you and your spouse can discuss your expectations and worries, without hostility. The mediator is there to offer their neutral opinion, so that everything is as fair as possible. Usually, individuals seeking mediation are willing to listen to the other person, rather than allowing adverse emotions to take over. There can be discussion that allows for a smoother divorce.

Protects the Children

Divorce cases that go to trial are often messy and emotionally charged. When there are children involved, they might get put into the middle of the fighting. With mediation, you can protect your children from an antagonistic process.

More Stability Post-Divorce

Mediation allows for lines of communication to remain open after the divorce. Because it is a more collaborative method, it will hopefully make divorce less combative, which means that you and your ex may be able to carry on a healthy post-divorce life.

Is Family Law Mediation Important?

The short answer is YES. With a few exceptions, the court orders the parties involved in a child custody battle to attend mediation with a neutral, court-appointed mediator.

Following the mediation, the mediator submits a report with the court. In the report, the mediator makes his/her recommendation with regards to the best interest of the child. If reasonable, the court typically adopts the mediator's recommendation and makes it a court order. This order is only temporary until a judgment following trial, or a stipulated judgment by the parties.

While the parties still have an opportunity to be heard at the hearing on child custody and visitation, it is oftentimes difficult to convince the judge to change the mediator's recommendation. The mediators can become a "de facto judge."

The reason the court generally adopts the mediator's recommendation is that the mediator is afforded the opportunity to spend significant time with the parties. The mediator can ask questions and get the perspective of both parties without any time limitations.

Experience the Family Law Advocacy Group Difference

At Family Law Advocacy Group, we understand just how complicated divorce can be. We want to make sure our clients obtain the outcome they deserve. If you are going through a divorce, contact our Rancho Cucamonga divorce attorney today.