Orange County Divorce Mediation Lawyer

Orange County Divorce Mediation Attorney

Divorce mediation is a viable option to help many families in California save time, money, and frustration by reducing or eliminating the need for court dates in busy family courts. If you are considering a divorce or are already in the divorce process, a qualified Orange County divorce mediation lawyer can help you decide if mediation is a good choice to help your family resolve disputes fairly and amicably.

The legal team here at Creative Family Solutions, Cianci Law, PC, believes in the power of mediation and has often seen the benefits in successful outcomes. Our skilled mediator can facilitate your divorce dispute resolution, and our experienced attorneys can represent you and act as counsel with other mediators. Our goal is always to make sure each client receives a fair agreement and their rights are preserved in the process.

Divorce Mediation in California

Divorce mediation, which California calls dissolution of marriage, allows spouses to resolve disputes without going to court. Instead, it uses constructive discussion led by a confidential mediator, who is a neutral third-party professional with training in conflict resolution and family law. Mediation offers key benefits at different times in the process of dissolving the marriage. Some of the ways mediation can help at various points include:

• Before the divorce. Mediation can speed up the divorce process, which can be long and arduous, by avoiding court dates that can often mean a long wait.
• During the divorce. Sometimes, the divorce process starts out relatively uncomplicated, and then disputes arise as information becomes available, such as debts or assets one spouse was not aware of.
• After the divorce. Mediation is often used when modifications need to be made to court orders for issues such as alimony. Utilizing mediation in these situations can save money and time compared to going to court.

Some couples choose to work through their conflicts in private mediation. But in some cases, mediation may be ordered by the court. For example, California requires mediation in cases where a parent seeks a court order for child custody or visitation. When mediation is court-ordered, you can be appointed a mediator, or if both spouses agree, you can choose a private child custody mediator. Mediators can also be used on their own or in conjunction with Orange County divorce attorneys.

The Divorce Mediation Process

The first step is to determine whether you are a good candidate for divorce mediation. Spouses who are successful with mediation are willing to communicate and compromise and usually have fewer disagreements about the various aspects of divorce. If there is a spouse who may not comply with the mediation results or there is a history of abuse or domestic violence, mediation may not be a good choice.

It is important to work with a mediator who is qualified and has experience in divorce and related issues. Most jurisdictions have a list of court-approved mediators. Once you hire a mediator, you and your ex will attend meetings with them to identify goals, find equitable solutions, and draft legal paperwork for the agreement. The number of required meetings depends on how many issues there are and how difficult it is to come to an agreement on them.

Some of the issues mediation can help settle include the division of marital assets and debts, spousal support, child custody, visitation, and support. You will need to bring documentation regarding income, investments, property, and other financial accounts. Once you reach an agreement and both spouses sign, a judge has to sign off on it. It is important to note there may still be other forms and paperwork that need to be filed to finalize the divorce.

What to Look For in a Divorce Mediator

Divorce mediation is not necessarily done by a licensed attorney, so it is very important to make sure your mediator has experience and qualifications, which vary by jurisdiction. In Orange County, qualifications may include an advanced degree in a related field, such as psychology, social work, counseling, or law, and training in family law, conflict resolution, negotiation, and mediation techniques.

FAQs

Q: How Much Does Divorce Mediation Cost in California?

A: The cost of divorce mediation in California varies based on several factors. First is whether the mediation is court-ordered. If so, you may be entitled to free or low-cost mediation services. The other factors are related to how many mediation sessions are needed, whether the mediator charges a flat or hourly rate, and the mediator’s location, experience, and reputation.

Q: What Is the Downside of Divorce Mediation?

A: There are a few downsides to mediation. It requires both parties to be willing to fully participate in the process, be honest, and compromise. While mediators do have some training in family law, as neutral parties, they can’t offer legal advice. Mediation does not guarantee that spouses will come to an agreement and does not have the power to enforce the laws, like sharing all financial information.

Q: What Should You Not Say During Mediation?

A: Mediation is confidential, so anything disclosed in mediation can’t be shared outside of the mediation sessions. However, the mediation process relies on a certain amount of willingness from both spouses to engage in the process respectfully, so accusations and insults, refusal to communicate or compromise, or unrealistic demands are counterproductive. In addition, mediators do have a legal responsibility to report some crimes like child abuse.

Q: Should I See a Lawyer Before Mediation?

A: In Orange County, you should see a lawyer before mediation in some cases. Lawyers are generally not required for divorce mediation, but because mediators are neutral, they can’t offer legal advice to either party. Having a lawyer on your side may be especially important if your spouse has a lawyer, one or both of you have significant assets or debts, or you believe your spouse is withholding financial or other important information.

Contact Cianci Law, PC

Divorce mediation may not work for every family, but it can save time and money in many cases. If you think divorce mediation may be a good fit for you and your spouse, reach out to Cianci Law, PC, to schedule an initial consultation. Whether in divorce mediation, negotiating with your spouse’s attorney, or representing you at trial, we are here to make sure you and your family get the most favorable outcome possible.

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• Top 2 Reasons Mediation Works for Those Facing a Gray Divorce
• Domestic Violence and Protective Orders in California
• Divorce Mediation Checklist: How to Prepare for Your Mediation Session