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.
If mediation is successful, the agreements reached between the parties are typically memorialized in a written settlement agreement that outlines the terms and conditions agreed upon by the divorcing spouses. Once signed by both parties, the agreement is submitted to the family law court for approval; if it is approved, it becomes the law of the case, which means that it will be enforced by the courts.
The mediation process allows the couple to actively participate in shaping their post-divorce arrangements rather than litigating issues before a judge. Mediation also allows couples to avoid the contentious nature of courtroom proceedings and the fees associated with extensive litigation and dissolve their marriage more efficiently.
Meet with a Seasoned California Divorce Attorney
The end of a marriage does not have to be contentious, as many people are able to manage their disputed issues amicably through the process of mediation. If you want to learn more about divorce and mediation, it is in your best interest to meet with an attorney as soon as possible. The seasoned California divorce attorneys of Bay Area Family Law Center are adept at helping people navigate the mediation process in divorces, and if you engage our services, we can help you determine what measures to take to protect your interests. You can reach us through our online form or by calling us at 925-258-2020 to arrange a conference.
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your State.