The Advantages of Divorce Mediation
Divorce mediation is an alternative to litigation in which a skilled, trained professional helps you and your spouse or partner dissolve the relationship and negotiate how you’ll settle important issues like child-related matters, real estate, and financial assets. At Viola Law Firm, our goal as your divorce mediator is to guide you through the process in a collaborative and amicable way.
Divorce mediation in San Mateo may be a good option for couples willing to compromise on certain matters and who communicate well.
At Viola Law Firm P.C., our San Mateo divorce attorneys may also represent individual clients during mediation sessions as a separate service, where appropriate. Fill out our contact form today to request information.
What Is Divorce Mediation in San Mateo?
Divorce mediation is a voluntary process where a neutral third party helps you and your spouse or partner reach your own decisions on disputed matters. It is not a court hearing; instead, it takes place in a private setting, such as a law firm office.
Mediation can help divorcing couples resolve issues involving custody and parenting time, child support, spousal support, division of property and debts, and other matters that may be hindering the divorce case. The process often involves allowing both parties to share their perspectives uninterrupted, taking turns meeting with the mediator one-on-one, and exploring potential solutions based on the information shared.
Is a Divorce Mediator a Lawyer?
A mediator can be a lawyer, former judge, or other professional, but a mediator’s role is not to serve as your lawyer. They stay neutral and represent neither spouse. Regardless of their background, divorce mediation professionals may need additional training to learn how to serve in this role.
Benefits of Using a Divorce Mediator
There are many benefits to using a divorce mediator:
- You retain full control over the outcome in collaboration with your spouse. Instead of allowing a judge to decide on matters for you, you can stay in control of decisions that will tangibly impact your life and family.
- There is less stress as conflict is managed by a skilled neutral party (the mediator) trained to uncover the reasons behind disagreements and provide a framework to guide everyone to an amicable and fair resolution. Many couples find the process less stressful than going to court.
- Confidentiality is maintained as discussions cannot be disclosed to others. Specifically, what is said and written for a mediation session generally cannot be used as evidence in later noncriminal proceedings under Evidence Code section 1119.
- Resolution is faster as divorce mediation is more efficient than traditional divorce proceedings. The mediator will help you navigate each other’s preferences and negotiation requests. Still, the timeline depends on a range of factors in your case.
- Communication between spouses is better, which helps avoid future conflicts. Mediation may help set the groundwork for better communication and collaboration moving forward, which is especially valuable when sharing child custody.
How Divorce Mediation Works
Divorce mediation in San Mateo County follows a methodical process to guide you and your spouse toward mutually beneficial decisions on disputed matters.
Starts With a Phone Call
The process begins with a phone call with our firm, where you provide background information about your divorce case and the issues you are looking to resolve through mediation. This information helps your mediator prepare and lead the first session efficiently.
The Initial Meeting
During your first mediation session, you and your spouse, along with your respective attorneys, if applicable, will meet with the mediator in our comfortable conference room. We will explain the process and hear from both sides about the disputed issues.
Additional Meeting(s)
We will use an additional meeting or multiple meetings to discuss your situation and work toward a mutually agreeable solution. If we reach a consensus, we can draft agreements to submit to the court as part of your divorce case.
Signed Agreement
Many couples end mediation with a drafted marital settlement agreement that details every resolved term. The mediator will inform you about the implications of signing this agreement and when it may become legally binding and enforceable.
Submission to the Court
After you sign the agreement, we will advise you to submit it to the court, where a judge can review it, sign it, and incorporate it into the official Judgment of Dissolution of Marriage, making it a binding court order.
What Can Be Mediated, and What Is Court-Ordered Mediation?
Mediation is often an effective strategy for resolving disputes over issues such as:
In some cases, mediation is a court-ordered step in the divorce process; in others, divorcing couples opt for private mediation to settle disagreements.
Mediation is a mandatory first step in resolving disputes over parenting plans. The Superior Court of San Mateo will refer you to Family Court Services for child custody, which may recommend counseling, a type of mediation.
Mediation is not appropriate in every scenario. It may not be safe for relationships involving control, domestic violence, or coercion. Domestic violence matters follow a separate court protocol.
Mediation, Private Judging, or Court: Which Is the Right Choice?
Mediation is often worthwhile in cases where both spouses are open to compromising, and there are no power imbalances or histories of abuse. Many divorce cases settle out of court, and mediation helps divorcing couples stay in control of the final outcome.
When mediation isn’t an effective option, private judging services may be a good alternative. This involves hiring a private judge to help make decisions related to your case rather than going to court. Your personal information may remain more private, and resolutions are often faster than public divorce court proceedings.
For cases where alternative dispute resolution methods are unsuccessful, litigation may become necessary. Whether mediation vs. litigation is the right choice depends on a wide range of factors; our family law attorneys in San Mateo County can help you determine what might be appropriate based on the details of your case.
To learn more about our mediation services, call 650-643-4212 or fill out our contact form. You may also wish to review our answers to common questions about divorce mediation.
Divorce Mediation FAQs
Are divorce mediators lawyers?
Divorce mediators can be lawyers, but they don’t have to be. A mediator may also have a background as a judge, mental health therapist, financial analyst, or in other professions. The term “mediation lawyers” can refer to attorneys who are trained to provide neutral mediation services, or attorneys who represent individual clients during mediation sessions.
Is divorce mediation confidential in California?
Under Evidence Code section 1119, what is said and written for a mediation session generally cannot be used as evidence in later noncriminal proceedings. Exceptions exist, including for a signed agreement that says it is binding or enforceable. Ask your attorney whether certain details will remain confidential in a mediation session.
How long does divorce mediation take?
The duration and number of sessions needed depend on the issues you are discussing and how well you and your spouse work together. Some couples resolve issues in one session, while others require multiple sessions or may not reach a consensus at the end of the process.
What happens if we cannot agree on everything?
Even if you cannot agree on everything through mediation, your mediator can help you write partial agreements that can help in the remainder of your divorce process. You might consider other strategies, such as private judging, to resolve remaining issues, or decide to go to court.
