Questions You Should Ask Your Divorce Mediator

By Gerald A. Maggio, Esq.

Orange County divorce mediation attorney; California Divorce MediatorsDivorce is one of the most painful and uncertain subject in a couples’ life. When it comes to divorce, there are two ways that a couple can choose to carry it out: litigation and mediation. When a couple decides to get a divorce, there are lots of uncertainties with regards to the procedure and other rules and regulations that may or may not apply to them. If you have chosen Orange County divorce mediation, then you are likely to be uncertain about the future procedure. In such situations it is important for you to talk to your mediator and pose queries regarding your doubts to them.

Here are a few of the questions that you should ask your mediator in determining their ability and experience to effectively mediate your case.

How Do I Get the Other Spouse to Agree with the Use of a Mediator?

This is a common question that is posted in front of most mediators. More often than not, there are disagreements between spouses on the procedure to adopt for their divorce. The best way to get the other party to agree to divorce mediation is to explain the pros and cons of the procedure to the other spouse. It is important to highlight that mediation is a process that depends entirely on the decisions of the two spouses. Being in charge of one’s decisions is one reason that can be used to persuade the other party to agree to divorce mediation.

Are Mediators Regulated by Some Code of Professional Conduct?

While there may be no official code of conduct that all mediators follow from a to z, most top Orange County mediators are part of institutions that have their own separate code of conduct that mediators need to adopt when they are working. One of the most important aspects of this code of conduct is the clause of confidentiality which all mediators are required to follow.

How Can I Check the Mediator’s Competency?

The competency and credentials of a mediator are important considerations to make and hence this is one of the most important questions you should ask. The easiest way to make sure of this is by asking the divorce mediator for his resume or certificates or professional qualifications. The key things to look for in the mediator are considerations for assessing his/her suitability for the mediation of a divorce:

  • What is the level of experience of the mediator?
  • What has been the feedback that they have received from previous clients?
  • How respectable and accepted are their decisions?
  • Does the mediator charge a fair price?
  • Has he/she been mired in a controversy?
  • What area does his competency lie in?

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