Top 3 Topics to Discuss During Divorce Mediation

By Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediationThere are three important aspects that summarize the terms of a divorce mediation process. They are asset division, future contact and children. Divorce mediation is a process that is handled via mediation. Both spouses can have their respective lawyers present. The aim of this procedure is to ensure that both parties benefit equally from the separation and erase unequal wealth distribution.

  1. Asset division: May seem obvious but it comes as no surprise that most often people overlook this simple task. It is important to be well prepared before you appear for the mediation. Have all the required documents of divorce mediation checklist ready. Apart from the checklist, list out the assets that you are absolutely adamant on possessing and those you can do without. The initial procedure of mediation starts off as a negotiation. Being well prepared will yield better results. There is a difference between walking into an arena with your head held high and well prepared than being forced into it, clueless.
  1. Future contact: You will need some sort of continued contact if there are kids involved. It is extremely harsh to alienate the children from either parent regardless of their actions. You may have a common friends circle and bumping into each other is inevitable. During the mediation process chalk out a code of conduct if you were to meet. Don’t be vindictive and attempt at being cordial, at the very least. If you can’t look into each other’s eye, the least that you can do is acknowledge the other’s presence. You aren’t required to be the best of chums but treat each other with the basic respect that every individual demands. This will ward off any successive conflicts that may arise over time.
  1. The children: Children get dragged in unnecessarily into the adult’s conflicts. Partners who apply for a divorce, sometimes, get so involved in accusations that they often forget about the children. Children are more central in divorce mediation than the adults. It will be useful to come up with a logical plan to make the divorce easier for the children. Try to keep the children out of court, if possible. Make an out of court settlement. Children shouldn’t witness the ugly court-room drama. The lawyer can present alternatives and suitable offers. Discuss child custody and visiting hours.

Put in your best effort to ensure that the divorce is in the best interest of both parties.

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