What Is Divorce Mediation?

By Gerald A. Maggio, Esq.

Orange County Divorce mediators; California divorce mediatorsBy:  Gerald Maggio, Esq.

The decision to separate and to divorce a spouse (if the choice was yours, and not made for you by your spouse) is certainly a very difficult, complex, and emotionally tough decision you will likely ever make in your life.  We at California Divorce Mediators understand that very well, and our goal is to assist you in working towards a resolution of your case by mediating a fair and amicable agreement without the fear, uncertainty and expense of traditional litigation.

In the past, most cases concerning separation and divorce were handled by separate attorneys representing each spouse, with both sides preparing for litigation in court. Divorce mediation is part of a newer trend of alternate dispute resolution, outside of court.  With the assistance of a divorce mediator, you and your spouse become active, involved decision-making partners in your case, rather than opposing parties in court.

In a divorce mediation, the mediator does not represent either spouse per se.  Rather, the mediator’s role is that of an unbiased, neutral third party who helps you both reach an agreement which is fair and balanced, and one which works for the entire family. Couples who have mediated their separation and divorce have been shown to be more likely to follow the terms of their negotiated agreement, and to be able to maintain a working relationship in the future when children are involved.

A divorce mediator can assist in the resolution of all issues in your separation or divorce case, including:

1.  The division of marital assets and debts

2.  Custody and visitation

3.  Child support and spousal support

In some cases where a marital business is involved, or a substantial community estate, or other factors that make your case more complex, we have a network of experts that can tapped as needed to assist in the resolution of such issues.

Once the issues of your separation or divorce case have been resolved, the terms thereof are incorporated into a Stipulated Judgment prepared by  the mediator, to be notarized by the parties and ultimately filed with the court.  Once the Judgment is processed by the court, the Judgment terms become court orders, making the Judgment a formal legal agreement between the parties, and thereby also dissolving the marital status of the parties.

For further information or to schedule a consultation, contact California Divorce Mediators at (949) 553-0911 or www.cadivorcemediators.com.

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