Circumstances When Virtual Divorce Mediation Makes Sense

Posted by: Gerald A. Maggio, Esq.

Virtual divorce mediation; California Divorce MediatorsAs technology keeps expanding its base, more and more avenues open up where technology plays a crucial role. For communication purposes, technology has become absolutely necessary. One of the new areas where technology has made its presence felt is divorce mediation. Divorces have become a common affair in the U.S. as more and more couples head for a divorce instead of staying in a bad marriage. Therefore, the job of a divorce mediator has become increasingly important and mediators are now looking for newer ways to connect with clients.

Virtual divorce mediation is mediation done through an electronic mode. It mainly takes place through video chat and other visual communication tools where clients and mediators interact with each other.

How it differs from regular mediation process

In a regular mediation process, the mediator sits with both parents and decides how the marriage can be saved or if it cannot be saved then how the divorce should take place. Over the last few years, mediation has become an important factor in divorce and many couples have even saved their marriage from unnecessary damage. A virtual divorce is the same except here, the clients and the mediator interact through an electronic medium. Even interacting through phone can be a part of virtual mediation.

When is it used?

A virtual mediation is best when the client is away from home but still needs to go through the divorce proceedings. It’s good for people who stay out-of-state for long periods of time. Also, it works well when both spouses are away from each other and the mediator needs to interact with both of them. A digital mediation process will help bridge the communication gap between both parties. It also works when the interaction involves children. Kids have become used to technology and therefore, it becomes easy for them to interact with someone through an electronic medium.

Conclusion

Mediation processes are important for settling disputes between couples who are heading for a divorce. Since the number of divorces are increasing day by day, it is becoming important for mediators to keep up communication with their clients. And one of the best ways to do so is through a digital media. Video chats can be done from almost anywhere and it helps mediators and clients communicate effectively with each other. Virtual mediation is therefore the latest communication tool for mediators of the 21st Century.

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

What Most People Don’t Know About Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediationAlthough there is a positive reputation attached to a divorce mediation as a sensible alternative to a litigation, there are very few people who are well familiar with the process. Contrary to popular belief, divorce mediation is quite a different process. It is meant for those reasonable couples who are unable to sort out their conflicts and misunderstandings by themselves.

There are many such couples who believe that there is no need for a divorce mediator. Rather, they should seek out a good family-law lawyer for getting their settlement through a court. Further, their situation does not qualify to undergo mediation since mediation is a process to sort out disputes and there is no dispute between them. These people feel that they have everything what mediation can offer to them. They also opine that their best option is to get the settlement done through an approval of a judge, in order to save their precious money and time.

What is divorce mediation all about?

It is a technique of dispute resolution between an estranged couple outside the court, which helps them to sort out their differences in an amicable manner. There is minimal involvement or intervention of the legal system of the state.

Mediation facilitates a structured process for reducing the friction and differences, which can be typically found while spouses converse during their negotiations or settlements. The process accomplishes it by fostering a non-controversial ambiance, encouraging both the parties to be amicable while sharing their concerns and thoughts to their estranged partners.

Orange County divorce mediators use an impartial and neutral third party approach so that the disputes between estranged couples can reach a logical and peaceful compromise, which is acceptable to both.

Role of a divorce mediator

Do not be under an impression that a divorce mediator is an arbitrator, judge or a referee. Plus, they are not the people to take the final call on which party will win or lose. The only job of a mediator is to guide both the parties while negotiations are going on.

A spouse should be at their best behavior if they hope to convince the other party to be okay with an agreement outside the court. It can be quite tough to accomplish it since a divorce may not put the parties in their most charming behavior, It is precisely where a mediator comes in the picture. They can direct the dialogue and interaction between the two parties so that the potential hazards during the negotiation process can be minimized.

In order to ensure that the mediation process is fruitful, both the parties should be reasonable in their thinking for negotiating a final settlement.

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

How To Choose The Best Divorce Mediator

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorney in orange county; California Divorce MediationSelecting the best divorce mediator should be the first important agreement that should be made jointly by the divorcing spouses right at the start of their divorce mediation process. Thus, it is one of the most crucial decisions for both the spouses to make during the course of their divorce.  Several factors should be taken into account while selecting the best Orange County divorce mediator. Read on to know some of the essential qualities in a mediator you and your estranged spouse should look for prior to taking the final call.

1. Should be educated in mediation as well as dispute resolution
Make sure that the divorce mediator you are choosing has the essential education for resolving disputes and mediation training. When a person is pursuing yearly training on mediation and is educated in resolving disputes, they can serve your purpose well while the negotiation process is on.

2. He or she should be specialized in family mediation matters
You need to confirm that the practice area of the said mediator is solely dedicated towards family and divorce mediation. When you choose a proficient family mediator, they are highly skilled because of their domain knowledge in practicing divorce mediation. A good divorce mediator should have the necessary expertise and a specialized skill set with necessary knowledge to help you as well as the other party through divorce. When you choose a professional whose primary focus area is not divorce mediation, you may not get the kind of help you are expecting to resolve your divorce issues. You should directly query them to find out how much percentage do family and divorce mediation constitute out of their entire practice experience. Typically, this should be one hundred percent. But a majority percentage is a good sign too.

3. Trust factor is highly crucial
Select a divorce mediator that you can trust wholeheartedly. It is perhaps the most critical aspect to consider while selecting your divorce mediator. You should be able to trust them for guiding you through the entire process. After all, there could be a high degree of emotions while the mediation is going on. Plus, when there are kids in your marriage, greater considerations should be made while discussing their future. Hence, your divorce mediator should be a person with whose you can always be at ease both as a professional as well as an individual.

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

What Is Divorce Coaching And How Can It Be Useful To You?

Posted by: Gerald A. Maggio, Esq.

Divorce mediation attorneys in Orange County; California Divorce MediatorsWhile terms like litigation and divorce attorneys are known to many, everyone is not so aware of divorce coaches. A good divorce coach may have a very important role to play when your divorce proceeding is going on. If you are wondering what a divorce coach is, they are individuals who can guide you to explore different facts of your divorce.  They are particularly of help for all those parties who could be moving ahead with an amicable separation.

Defining divorce coaching

A third party who can offer assistance at different points while a divorce is going on is called a divorce coach. They are professionals usually having a background in family or marriage therapy. A divorce coach can prove to be a valuable asset for all those couples who want to separate amicably and yet are having a tough time in conducting a productive and stress free discussion without the presence of an intermediary. A divorce coach frequently helps in making both the parties communicate about tough and contentious discussion points so that the talks do not take an ugly turn and there is a better result for the concerned parties.

Different roles of a divorce coach

Divorce coaching may take place in several ways. A divorce coach can get involved in the difficult phases of a divorce so that the couple finds it easier to figure out the right divorce method for them. They also enable the couples to sort out their different marital challenges and live together for a long time to come.

A divorce coach has a significant role to play when the actual divorce process continues. Their key aim is to ensure that there is a successful communication between both the parties so that the couple can arrive at an agreement that is mutually beneficial in the long term.

Last, but not the last, a divorce coach can also play a big part in offering a helping hand during the parenting process post a couple’s divorce in some cases. It is a specialized form of divorce coaching which is referred to as a “Co-parenting coach.” Such a coach is equipped in navigating through the post-divorce parenting process to come up with the best possible solution for the concerned family.

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

Why Divorce Mediation Is Better Than Litigation

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys in Orange CountyThe decision on whether one should settle your divorce case through mediation or litigation will depend on individual circumstances of every case. There are many cases when the two parties can sit together and negotiate their settlement details through mediation.  However, there are other cases where mediation becomes a futile exercise and the two parties fail to. You can else enter into a deal with the come to any amicable settlement.

Mediation is a cost-effective technique to resolve the differences in a divorce in some circumstances. But there are other circumstances when one of the parties or both of them need to approach a court to get the desired outcomes.

Merits of settling a divorce case

Settlement offers a host of benefits as compared to a divorce lawsuit or a legal dispute. Here are some of them.

Stress

It is possible to reduce stressful situations to some extent by opting for a settlement as compared to going for a trial or litigation.  The latter may have unexpected outcomes and both parties may not like to stand on a witness stand in the court and share their private stories with the judge in front of many people. Additionally, they may not like the prospect of being cross-examined by the lawyer for the other party.

Less expensive

When the parties opt for a trial, the process involves experts, attorneys, time, travel, witnesses among others. In case a case can be settled prior to going on a trial, several such expenses are drastically reduced or removed altogether.

More predictable as compared to trial

Any good divorce lawyer will mention that the decision of a jury is not quite predictable. In comparison, you can declare your terms for the divorce settlement agreements. You can also enter into a deal either the other party, which is acceptable to both of you.

Privacy

If you opt for settling your case, many of its details are not included in the court documents. They are not treated as public records; clause god confidentiality is included in several court documents.

Sense of finality prevails

If a couple opts for litigation, the party that lists the case has a right to appeal against the judgment made by a court. Thus, the divorce process may drag on for several months. On the other hand, a settlement is not usually appealed.

When is it better to opt for litigation?

When either both the parties or one of them do not agree to settle or refuses to come to a negotiating table then a lawsuit can become imperative at other times when a plaintiff needs to settle his or her sense of what is wrong and what is right, they may opt for a legal proceeding.

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

Lawyer Or Mediator? Which One Should You Opt For During Divorce

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation; California Divorce MediatorsDivorces can be complicated matters and getting caught in the middle of legal problems is common. some people try avoiding divorce cases by going through a mediation first.  A divorce mediator helps couples either negotiate divorce settlements or resolve issues that leads to the dissolution of marriage.

However, divorce mediation is not appropriate in all situations.  For certain cases where domestic abuse or some kind of crime is involved, courts often start divorce proceedings without a mediation. But it can be confusing for people who are stuck in between and don’t know whether to hire a lawyer or a mediator.

When does mediation work?

California courts always favor divorce mediations and alternatives to divorce because it saves them for going into complicated cases. They can instead focus on more pressing matters. It is the reason why courts ask couples to go through a mediation process before the divorce is finalized.

Mediation processes are successful when the idea of a divorce is mutual and both parties understand what it means for them. Divorce mediations are useful when the couples are open to comprise without any emotional attachment.

Mediation is a powerful process and many marriages have worked out after couples went through a mediation process.

When does going to a lawyer work?

Divorce mediations are absolutely necessary but in some cases, they are not required. In cases where clear signs of domestic abuse or child abuse is involved, mediation is unnecessary. In other cases, where the court feels that a mediation is waste of time, divorce proceedings are directly handled by lawyers. Sometimes, mediators and lawyers are the same person and the roles are intertwined. For such lawyers, it becomes easy to do both without the client or the courts interference.

Conclusion

Since divorces can become ugly, mediation processes that can potentially save the marriage is often used to pacify issues between the couple. Mediation processes work best when both parties are ready to reach a common ground where they can work out things. Often, it helps save their marriage. Divorce mediations also help couples who aren’t too emotional or touchy about the dissolution of their marriage.

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

All You Need to Know About California Child Custody Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsThe Orange County Family Law local rules as well as the broader California laws require a mandatory child custody mediation to be set before a court hearing at which a court order or modification to an earlier court order pertaining to child custody and visitation take place.

Moreover, if a parent fails to turn up for a child custody mediation session without having valid reasons for his or her absence once or repeatedly, he or she may be prevented from being heard further on the issues of child custody and visitation. If it goes to the hearing stage, it may become extremely difficult for the absentee parent to explain their stand.

Custody issues are often the hardest to settle and can’t be settled under premarital agreement settlements since the right of a child belongs exclusively to the child themselves and their best interests would be held paramount by all courts.

Although a mediator can’t be decisions like a judge or an arbitrator, they can definitely propel the discussion between the two parties forward and create a peaceful environment under which discussions can be held, even for such spouses who have come out of an acrimonious relationship and don’t see eye to eye. A mediator plays a vital role and his intervention is often the only reason why a discussion goes forward.

How to prepare for child custody mediation 

In order to prepare for child custody mediation, try to gather as much evidence or relevant information about your child that would help you while presenting your side of the argument or making your proposals.

One important step is to understand your custody rights and obligations from an experienced and licensed attorney. You can also prepare and present a list of daily schedules for yourself and your child that would convey how emotionally and personally invested you are in the growth and welfare of your child.  You should also present your child custody and visitation proposal during the mediation process after taking advice from your attorney.

You will also need to come to an agreement with the other parent for deciding the scheduled visits and where to drop and pick up the child from and also special occasions or moments in the child’s life when they would expect both their parents to gather.

You may also do well to get an understanding of some commonly used legal phraseology or jargon that may be thrown around during the mediation discussions. Consult your attorney and prepare yourself accordingly.

In order to prepare for the child custody meetings, be honest and think, if you are really capable of taking care of your child. At all points, their interests will be to be kept in mind. Be compassionate towards the other party and you may be able to reach a mediation agreement regarding to your child easily.

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

Mediation For Younger Couples Compared To Gray Couples

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys Orange County; California Divorce MediatorsDivorce is a time of great hardship and both individuals have a hard time dealing with the reality. However, for some it is easier to accept the fact more than others. For young couples, who haven’t stayed married for a longer time, dealing with divorce is relatively easier than for gray couples. For gray couples, a divorce is more than just a physical separation from their partner. It is a new way of life and for some it can be very tough. Also, there is the question of property and asset separation which is more likely to be much more difficult for gray couples than for young couples.

Mediation is commonly used in divorce cases to ensure that the whole thing goes smoothly. But mediators might use different approach for young and gray couples because the issues are different.

Mediation for young couples

Lawyers who mediate young couples will often focus on the importance of marriage rather than a divorce. Often, mediators will offer couples to go for a separation instead. Since, the marriage period is small, a separation might help them understand what it means to stay apart from each other. Also, mediators will discuss the pros and cons of getting a divorce at an early stage. If the mediator becomes convinced that reconciliation is not possible, then he will focus on the advantages of getting a divorce. It is expected that younger couples won’t have children or much property and therefore, the divorce becomes much easier.

Mediation for gray couples

Gray couples have spent a longer time in marriage and their decision to divorce must be a strong one. However, mediators will often ask couples to reconsider the case and look for options to avoid a divorce. Most gray couples will have children and their assets and properties will also be huge. On top of that there will be the issue of taxes. So, overall, things like child custody, property division, alimony, tax and debt will play a major part in the divorce.

Conclusion

Mediation is important for every couple planning to get a divorce. However, not every couple will require the same type of mediation. For younger couples, the approach will be slightly different than it will be for gray couples. Things like huge assets, child custody, tax and debt won’t be a big issue for young couples as it will be for gray couples. Mediators must consider every factor before mediating.

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

When Are Two Mediators Used During a Divorce?

Posted by: Gerald A. Maggio, Esq.

Orange county divorce mediators; California Divorce MediatorsNowadays, divorce has become a common issue and couples who are unhappy with the marriage head for a divorce. Mediation plays a big part in divorce proceedings. Often, if the couple have not undergone a mediation program, the court will appoint one for them. But court-appointed mediation does not work as well as mediators who work separately. One of the biggest reasons is that court appointed mediators are given a time limit and often that limit is not enough to complete the mediation process properly. Mediation is given so that couples understand the divorce proceeding and what is required from them. In some cases, mediation processes also end up saving the marriage.

In most cases, one person acts as the mediation lawyer for both individuals. However, in some cases, two mediators are used.

When one of you is a close friend of the mediator

It could happen that one of you are good friends with a divorce mediator. So, it’s possible that the mediator favors one of you over the other, although mediators go out of their way to remain neutral even in such situations.  Also, having close friends mediating your divorce might not be a good idea if  there are things about you which probably you don’t want the world to know.

When one mediation does not work

Sometimes, couples might feel that one mediation is not enough or that the mediator has not done a good job. One of the primary objectives of mediation is to enlighten the couples about the divorce proceeding and what should be their best course of action. If a mediator fails to do that, then couples have the right to seek out the help of another mediator. However, they should first check the reputation and background of the second mediator they are hiring.

Conclusion

Mediation is an important part of divorce and should be taken seriously. However, in certain cases, one mediator does not work and therefore a second one may be required. It usually happens if the primary mediator is a family friend or at least close to one of you. You can also choose another mediator if you’re not happy with the service of the first one. It is important to know when you need a second mediator for the job. Spending unnecessarily on another person is not a good idea especially when you’re going to face financial damage during your divorce.

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

5 Tips To Have An Amicable Divorce

Posted by: Gerald A. Maggio, Esq.

Divorce mediation attorneys Orange County; California Divorce MediatorsMost people avoid talking about their divorce as much as they can because it is certainly not a happy story that they would want to talk about. While some marriages end in divorce, it is also not true that every divorce is a bad divorce. There are ways to have an amicable divorce and here’s 5 ways in which you can do it.

  1. Talk to your spouse

It is very important that you talk with your spouse about the divorce. Instead of having heated arguments, try talking about it amicably. Sometimes, divorces happen due to misunderstandings and maybe if you clear the air, there will be room for another chance. Even if the divorce takes place you’ll at least know that you tried your best to prevent it.

  1. Hire a good mediator

The main job of a mediator is to ensure that your divorce takes place in the best way possible. Instead of opting for a court-appointed mediator, hire one on your own. There are good mediators available in California and you can choose whomever you like. Often, a mediator succeeds in calling off the divorce but that mostly depends on the willingness of you and your spouse.

  1. Support each other

Support is very important when it comes to divorces. It may not be entirely your fault that you’re getting a divorce but remember that any negativity that you show will affect you in the end. So, it’s better to support each other not only financially but also emotionally as well.

  1. Give each other time to adjust

A divorce brings a change in a person’s lifestyle and to adjust to the new way of life every individual need’s time and space. When a divorce has been confirmed, give each other the time to cope with what the future holds for them now.

  1. Don’t rush into it

A divorce is not to be taken lightly and should not be rushed. Be patient and consider the changes that you and your spouse will have to deal with. Often, rash decisions lead to bad results.

Conclusion

A divorce does not necessarily have to end on a bad note. It can be done amicably provided you and your spouse are ready to listen to each other. Hire a good and experienced mediator to help you go through an amicable divorce.

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