Is Divorce Mediation Right For You?
These days, couples can get divorced through various ways. Some of these ways are litigation, collaborative or mediation. But how do you conclude what is the right method for you? Divorce mediation is a method of procuring a divorce when a neutral and unbiased third party, selected by both the spouses can facilitate discussions to address and resolve various issues related to a divorce. But mediation is not binding unless it is mutually agreed by both the parties.
Check out some of the common principles through which divorce mediation can be conducted to resolve issues:
Private
A mediation process engages only those stakeholders whose presence is needed to reach an agreement. The stakeholders typically include the spouses, a financial neutral or a coach if required and the mediator, agreed by both sides. The records or notes exchanged in the mediation process can never be used in future court proceedings if the mediation does not work out for whatever reasons since they are public records. In a majority of cases, mediators tend to destroy the mediation notes and records after the process is completed for this particular reason.
Voluntary
It could be made mandatory for both the parties to attend an initial meeting if a judge orders so. However, follow up participation is voluntary in nature. The court cannot impose a resolution on either spouse. Plus, all resolutions that are arrived at should be voluntary and mutually agreed upon.
Confidential
Strict confidentiality should be maintained for all mediation sessions and are restricted to only those professionals that are approved by both the spouses as mentioned above. In case a party requests for any kind of access to mediation information, both the parties should put their signatures allowing so. Both sides should also be willing to the fact that secrecy should be maintained due to some compelling reasons or it is beneficial to do so.
Decision-making should be done in an informed way
Both the parties should have the essential information required to make informed decisions with respect to the resolution of their conflicts.
Whether divorce mediation will work for you or not depends on your unique situation. It may work out for those couples who want to divorce by embracing a cost-effective procedure and need to maintain a harmonious relationship even after their divorce is finalized so that they can co-parent their kids successfully. But there could be a scenario when one of the spouses may disagree to mediate. In such scenarios, opting for litigated or collaborative divorce can be a better alternative.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
