When you think of divorce, you may imagine having to endure a dramatic trial. However, the majority of California divorce cases settle outside of court. One way of reaching a settlement is through divorce mediation. For many, mediation can be an effective way to resolve disputed divorce issues. If you have a California divorce, you may use mediation during your case. Therefore, you will want to know: What happens during a California divorce mediation?

California Divorce Mediation

California divorce mediation is a process that involves both parties meeting with a trained mediator to try and settle their disputed issues. The mediator is a neutral third party who will take information from each side and attempt to help the parties negotiate and find ways to agree on the various terms that are at issue in their divorce. Generally, what is said during mediation is confidential and cannot be used in court.

Is California Divorce Mediation Mandatory?

In some cases, the divorce court will order the parties to attend mediation. For instance, in California, mediation will be ordered by a family court when parents cannot agree on how they will share custody of their children. In this type of case, parents must attend mediation and make a good faith effort to resolve their issues before moving forward with their custody matter. However, even when divorce mediation is mandatory, it may be useful and productive. In fact, the process can be so effective that couples who don’t have to go to mediation often choose to mediate rather than proceed to trial.

Court-Ordered and Private Mediation

In general, a California family law case mediation can be completed one of two ways: 1) through court-ordered or 2) privately.

Court-Appointed Mediator

A court-appointed mediator is assigned to a case by the court for purposes of helping the parties work through disputed child custody issues. When mediation is ordered, the local superior court may offer free mediation through Family Court Service.

Private Mediator

A private mediator is hired by the parties to help them negotiate settlement of their divorce terms. Divorcing couples who want to mediate custody and other terms can use the services offered through private mediation. Often, the private mediator will be a retired judge or practicing family law and divorce attorney. Each party will be responsible for paying the mediator for their services.

Couples going through a California divorce often need to mediate more than just their disputed child custody and visitation issues. Therefore, for purposes of this discussion, we will be focusing on what happens during a private California divorce mediation.

What Happens During a California Divorce Mediation?

Selecting Your California Divorce Mediator

If you and your ex agree to private mediation, you will first select and agree upon a mediator.
When making your selection, it’s essential to consider how much experience the individual has mediating California divorce cases.
You will want to work with a mediator who understands California divorce issues and how these types of cases work in court.

Your California divorce attorney will be familiar with the local mediators and can help you find the best one for your case.

Getting Information Together

Once you have selected a mediator, you and your ex may be asked to provide information about yourselves and the case before attending mediation.
Your mediator may also wait to get information from you until the day of mediation.
In either case, it’s always a good idea to get your information together and organized before attending mediation. Your divorce attorney can explain what to expect during mediation and help you prepare.

Attending Mediation

Your mediation may be in person or virtual.
On the day of mediation, the mediator may start the process by meeting with you, your ex, and your attorneys together before sending you to separate rooms.
However, some mediators may find it more beneficial to keep the parties together the entire time.
How a mediator chooses to meet and work with the parties and their attorneys often depends on their practice style and the circumstances of the case.

Settlement Negotiations During Mediation

During mediation, the mediator will talk with each side to learn more about the people involved and the issues in dispute.
From there, the mediator may go back and forth between meeting with you and your California divorce attorney and your ex to review the issues and help facilitate negotiations.
This process may take some time to complete.

The Mediation Process

Depending on the circumstances, your California divorce mediation may take place over one or more days.
The parties may find it beneficial to break from mediation and return to it with a fresh perspective.
Depending on the complexity of the issues in your divorce, it may also take time to get all the information needed to negotiate and potentially settle your case.

Mediation Agreement

If you can agree during your mediation, you and your ex will enter into a mediated settlement agreement.
The agreement’s terms will be the same ones that end up in your final divorce documents.
Once the final agreement and documents are completed, they will be presented to the court for signature, and your case will be over.

Mediation Settlement is Not Mandatory
Although the mediation process is designed to help reach settlement, that doesn’t change the fact that the parties are in dispute. Mediations can become heated, and emotions often run high. The mediator may be able to help you, and your ex get past your differences and settle some or all of your contested issues. However, settlement is not mandatory. If you and your ex can’t agree, you won’t be compelled to settle on an issue.

Preparing for Your California Divorce Mediation

Mediation can be an effective way to negotiate the terms of your California divorce and reach a settlement. However, although the process may sound collaborative, it’s important to recognize that you are still in litigation. As such, you need to be as prepared for mediation as you would be for trial. By working with your California divorce attorney, you can take the necessary steps to be ready for your mediation.

You need to work with an experienced California divorce attorney at every stage of your case and especially during mediation. The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can help you throughout your case and mediation. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.