Family Law Mediation
What Is Mediation?
When Is Mediation Used?
Typically, mediation is voluntary and done by bringing in a neutral third party to help the parties reach an agreement.
Trained mediators will use a variety of tactics to keep negotiations moving forward. The mediator should help you and your spouse work through issues and reach an agreement that meets both your needs.
What does it include?
The mediation will address:
- the distribution of property,
- including debts and assets,
- custody,
- visitation and parenting time,
- taxes,
- spousal and child support,
- and any other issues that need to be resolved in the process of ending your marriage.
Mediation can be an effective tool for divorce or custody cases, but parties considering mediation should be well-informed prior to beginning the process. Contentious or high-conflict divorces are often not well suited for mediation— couples that are amicable, willing to compromise, and communicate openly tend to have the most success.
Types Of Mediation
Private Mediation
If you choose private mediation, you and your spouse will meet with a neutral third party who will help you resolve your custody, property, and support issues.
The goal is to obtain a legally binding, stipulated Judgment of Dissolution. You will make your decisions in a private setting. Unlike a judicial officer, the mediator does not make decisions for you.
Instead, he or she will help you explore alternatives.
Mandatory Mediation
A mediation of sorts is required in every custody matter brought before a San Diego County court. This mandatory mediation is free and is held by counselors at Family Court Services, where only custody and visitation issues are addressed.
This type of mediation usually results in the counselor drafting a recommendation to the judge on how to rule on the issues of custody and visitation. Obviously, you want to be well prepared for such a meeting.
What's The Purpose Of Mediation In Divorce?
The aim is for you and your spouse to reach solutions tailored to your and your family's specific needs and wishes. You may choose to have an attorney accompany you to your mediation sessions.
Or, if your spouse appears to be hiding important information, you may need an attorney to conduct formal discovery (to request information or take a deposition, for example). This is unusual in mediation but can be done with your and your spouse's agreement.
Working through divorce issues with a trained mediator may help you and your spouse better handle family and parenting issues in the years to come.
In addition, you may prefer to hammer out your own solutions in private mediation rather than go to court. Your attorney will make sure you do not sacrifice in terms of results and ensure that you fully understand your final Settlement.
