California Divorce Mediation
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California Divorce Mediation Benefits
- Although, one selects the path of divorce mediation, it does not imply that the option of Court has been closed. For any reason, the mediation can be terminated at any time and the parties can opt for the judge to settle their problems. As the mediation process is confidential, the parties can begin afresh
- A mediator who has undergone training in counseling helps the parties in recognizing feelings, but not permitting the feelings to control the decisions. Instead of converting anger and hurt into an exorbitant court proceeding, if one chooses mediation, it facilitates accepting the past and moving forward
- The conflict amongst the parents is a trauma for the children. However, if the children realize that their parents are collaborating to make decisions in mediation, the children get healed. As the divorcing parties know the children better than any other person, the parties can make the best decisions for the children
- When one selects litigation, one places all the decisions about the future in the hands of a person whom the divorcing partner does not know and who does not know the divorcing partner. However, in mediation as both the partners know each other, they can solve all issues like financial affairs, property division visitation, custody etc in an amicable manner
- The expenditure of mediation is considerably lesser than a lawsuit. Moreover, mediation is confidential and flexible
California Divorce Mediation Vs Litigation
- A section of mediation is to learn to communicate in a better way. This is a healthy routine for the partners and particularly their children. Courts promote combat by their adversarial nature. This is not helpful for a healthy family life post divorce
- Mediation is less stressful as compared to a lawsuit
- Mediation is economical. In a lawsuit, for every hour that the lawyer allocates for the case, the lawyer charges a fee, even if there is no progress in the case
- Mediation is confidential while a court file is a public record which can be placed online
- In Mediation, there is a lot of time to contemplate on how a particular decision would affect the family in the long term. In a litigation, one has to make decisions on the spot in the courthouse hallway which may be crowded
- In case of Mediation, the divorcing partners finalize the schedule and issues. In lawsuits, judges frequently have less than 5 minutes to hear details of the divorce case. Moreover, to testify the case, there may be only a minute or two.
Types of mediation in California
There are 2 types of mediations in this state -
- Court ordered mediation
- Private divorce mediation
In the Courts in this state, Court ordered mediation is a part of the divorce process, if the divorcing couple has minor children. When an individual files a petition for divorce, this individual is automatically referred to the Family Court Services. However, private divorce mediation in this state is not a section of the traditional court process. It is just a substitute for the divorce. Private mediators are not court employees.
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