People who intend to file for divorce often mistakenly think that they will have to engage in extensive courtroom battles to legally end their marriage. In many California divorce actions, though, parties can resolve their disputes and dissolve their marriage through the process of mediation. Mediation is not appropriate in every case, however, and it is important for anyone considering ending their marriage to learn more about mediation and what it entails in divorce actions. If you need assistance with a divorce action, it is smart to confer with a Bay Area divorce lawyer as soon as possible.
What is Mediation
Mediation is a voluntary and confidential dispute resolution process where a neutral third party, known as the mediator, facilitates communication and negotiation between opposing parties. Among other things, the mediator assists the parties in identifying issues, expressing concerns, and exploring potential solutions. Unlike a judge or arbitrator, the mediator does not make decisions but guides the parties toward reaching their own mutually agreeable solutions. In California, mediation is widely used across various legal contexts, and California Evidence Code Section 1129 ensures the confidentiality of communications during the mediation process, fostering open and honest discussions to resolve disputes amicably.
What Does Mediation in a Divorce Case Entail?
California family law courts often encourage or, in some cases, mandate divorcing couples to attempt mediation before resorting to traditional litigation. In the context of divorce actions in California, mediation is a structured process wherein divorcing spouses work collaboratively with a mediator to address specific issues arising from the dissolution of their marriage. This can include discussions on matters such as child custody, visitation schedules, spousal support, and the division of marital assets and debts. Continue Reading ›