The Family Law and Divorce Mediation is a process where a divorcing couple meets with a neutral third party, a mediator, who helps them to resolve family law disputes.
The mediation process is considered to be voluntary and non-binding.
A mediator can be an attorney, retired judge, or any other qualified person familiar with Family Law. The mediator neither represents either spouse nor gives legal advice.
Additionally, the mediator does not make decisions, spouses do, but the mediator explains how the law works and guides couples through the mediation process. Typically, both spouses meet with the mediator and work through the mediation process together trying to resolve their disputes.
The goal of the Family Law and Divorce Mediation process is for spouses to reach an agreement on all issues. If spouses are unable to reach an agreement then the case will be litigated at the Court.
Note, any information that is revealed during the Family Law and Divorce Mediation is confidential and cannot be used at a trial.
The mediator meets with a divorcing couple, during this meeting the couple provides the mediator with their background information, explains what (if any) steps have already been taken, what terms the couple has agreed upon and what disagreements left. The mediator explains how the mediation will be conducted and how the law works.
The mediator gathers information (statistical, financial, factual and any other related information). This stage of the mediation can include several sessions, especially if the case is complicated and requires consulting with experts.
This stage might not relate to your specific case. Quite often divorcing couples need assistance with initiating a divorce process, responding to a Petition for Dissolution of Marriage, or with preparing and exchanging couples’ Preliminary Declarations of Disclosure. If you have already completed the aforementioned actions then you will not be participating in this stage of the mediation.
This stage of the mediation can include two or more sessions. It depends on how many family law issues are involved in the case, how many disagreements a divorcing couple has and ability to communicate to each other.
Basically, the mediator meets with a divorcing couple, goes over each specific issue (child support, spousal support, child custody and visitation, property division, etc.) and tries to help the couple to resolve their disputes.
It is always advisable, for each spouse to retain an independent counsel to review the MSA. Upon signing the MSA and other mandatory forms, the documents will be sent to the court.
Please feel free to email me at firstname.lastname@example.org or call me at 619-737-3919 if you have any additional questions about San Diego divorce mediation. I will gladly provide you with a 30-minute complimentary consultation.