How A Los Angeles Divorce Mediator Resolves Tough Issues
Divorce can be emotional and expensive. A Los Angeles divorce mediator may be able to ease the pain of separation.
A Los Angeles divorce mediator is a neutral third party you can hire to help resolve complicated issues so you can end your marriage as amicably and cost-effectively as possible.
This option is particularly helpful if you have children and want to ensure they will be okay despite the separation. Mediators will you come to agreements regarding child custody, spousal support, and other issues pertaining to family law.
Today, we’re taking a look at how a Los Angeles divorce mediator can help couples during a separation.
Here we go!
What Is A Los Angeles Divorce Mediator?
Divorces in California can be very stressful and very costly.
It is an adversarial process. Each side hires an attorney, and the court eventually decides what’s going to happen. Many couples have found that there is an alternative that makes good sense, and that is to hire a divorce mediator, someone who can work with both parties to seek common ground and some level of agreement.
The mediation process brings the parties together with an opportunity to talk out the issues with the help of an independent third party who is familiar with the law.
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Why Mediation Works
A mediator provides both parties an opportunity to discuss their views and provides a general outline of a possible compromise and resolution. The mediator does not make rulings or issue orders but her suggestions can lead the couple to a more amicable arrangement and head off an “all-or-nothing” position that can block an agreement.
Mediation allows couples to take control of their own lives and enables them to make good decisions about their future. It is especially beneficial for parents who have children because, even though the parents are separating or divorcing, they still need to make decisions about the future of their children.
The mediation approach that focuses on common ground and compromise becomes a good model for future communications between the couple and has shown to create a higher rate of compliance because the couple has created their own agreement.
The Role of A Divorce Mediator
The divorce mediator is someone trained in family law whose job it is to help couples resolve their differences. She facilitates communications between the couples by enabling each party an uninterrupted time to speak. She helps clarify issues by asking each party to further explain or restate any points of possible confusion. She asks questions to further clarify issues. Many disagreements can be mitigated when misunderstandings are cleared up.
The mediator also informs the couple on how the legal system works. She describes how the judges and lawyers view the process. She talks about any possible alternatives for solving the disputes. And she will refer the couples to any third-party counselors or other service providers if appropriate.
When Mediation Is Mandatory
In almost all cases, mediation is a voluntary process. Couples want to find a more reasonable way to address their differences before turning over their fates to a judge and court system. But there is one exception.
The California Family Code does require mediation when there is a dispute over child custody. A California court will not make any rulings regarding child issues until parents have participated in mediation.
In Los Angeles county, among others, mediation sessions are kept confidential. The mediator does not provide information about the mediation sessions unless an agreement has been reached.
How Mediation Works
The couple and the mediator start off with an introductory meeting to discuss the goals of the parties and outline any disagreements. They decide what issues should be discussed and in what order. And they decide what information, including all relevant financial data, needs to be gathered along with the opinions of experts like appraisers or accountants. All information is treated with confidentiality.
Each spouse discusses his or her position on each issue. If a spouse has hired an attorney, the attorney may also attend the mediation sessions. After the initial meeting, further meetings are planned for the mediator to meet with one party or both parties to obtain information on topics like family history and intentions for child parenting.
The sessions generally last for one or two hours.There are usually several sessions needed to complete the process. And the entire process can take anywhere from one month to six months or longer in more complex cases.
If both parties can come to an agreement and have passed it by their lawyers, and the mediation is successful, the mediator will draft a settlement agreement with the terms agreed to.
The mediator will submit the agreement to the court for approval. The mediator or her attorney can assist the parties with the filing of papers with the court. These could include papers on the dissolution of the marriage, disclosure documents, preparation for the agreement judgment, and final papers to be filed with the court.
The judge will normally approve the agreement. But if the mediation is unsuccessful, or the agreement is not approved, the divorce moves to court. The couple must prepare for a legal and factual battle on any disputed issues.
Notes On Mediation
Sometimes couples are geographically separated when they want to begin the mediation process. But this does not have to be a problem. There are mediators who specialize in long-distance mediation and conduct the process over the phone. Opinions can still be exchanged and information gathered and shared between parties.
Mediation that leads to an agreement can be much less expensive than litigation, with typical divorce cases running two to ten times higher.
How much does divorce mediation in Los Angeles cost?
The cost goes beyond dollars to include the emotional cost to the parties and their children who have to endure the confrontational divorce process. The mediation process, on the other hand, is a more amicable and less stressful alternative.
There are other ways for couples to address their differences. One of them is the collaborative law process where each party hires a lawyer and agrees to resolve their disputes without going to court. The process may involve calling in other specialists as in the mediation process.
There can also be a settlement conference where parents can meet with a judge, neutral evaluators or mediators, or family law attorneys not involved in their case, to discuss a settlement.
Divorce Or Separation?
Sometimes a couple decides to legally separate rather than divorce. This might be for religious reasons or to sidestep California’s six-month residency requirements for divorce. Legal separation also allows, in many cases, for one spouse to maintain health benefits obtained through the other spouse.
Legal separation can allow couples to deal with issues like child support, spousal support, and divisions of assets or debts, without resorting to divorce.
Both parties must agree to the legal separation or it will become divorce. Legal separation happens immediately as opposed to the six-month wait for the divorce.
Couples who file for legal separation may later amend that petition to file for dissolution of the marriage after the six-month waiting period.
Even in cases of separation, a mediator could prove helpful in sorting out issues of emotionally-charged disagreement. It’s always better to seek commonality before having to address your differences, especially when children are involved.
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