What Happens In Mediation?

The purpose of mediation is to put the parties in control and create an amicable atmosphere in which the divorcing couple creates their own fair and equitable settlement agreement. My SoCal Divorce Mediation accomplishes this by guiding you in negotiating issues you could not resolve on your own, offering options and solutions you had not considered, resolving issues, and employing advanced mediation skills that move you toward a settlement agreement.

What Are the Steps in Mediation?

• Consultation to determine if mediation is right for you and if My SoCal Divorce Mediation is a good fit
• Sign Agreement Contracts for Mediation and Legal Document Assistance
• Information gathering and exchange of information (clients will be provided with an information sheet describing in detail this step)
• Identify and characterize the assets as separate or community property
• Determine what the resolved issues are and what the unresolved issues are.
• Establish if experts are needed, such as accountants, retirement, or real estate.
• Negotiate the unresolved issues, finding common ground and agreement
• Complete the final checklist that all court forms have been filed before drafting the settlement agreement
• Draft and finalize the settlement agreement

How Many Mediation Sessions Will I Need?

Depending on the complexity of your divorce (such as your assets and disputed issues), and your ability to compromise and reach a settlement agreement, several 2-hour mediation sessions may be necessary. Most individuals with a Simple/Low-Complex divorce, such as wage earners with low assets, can complete mediation in two 2-hour sessions if they have taken steps to resolve some of the issues on their own before mediation.

If divorcing couples have many issues they cannot resolve on their own regarding dividing assets and debts, a parenting plan, disagreement on what is community property and what is separate property, and/or spousal support, then more mediation sessions may be necessary. Remember, the more issues the divorcing couple agree on, the less mediation they will need. Information below is designed to help divorcing couples reduce the time they spend in mediation, if that is an option they would like to pursue.

Regardless of the number of mediation sessions needed, My SoCal Divorce Mediation stands ready to help you move toward a settlement agreement and start a new chapter in your lives.

How Can I Cut Down My Costs for Mediation: Options for Some Divorcing Couples

If the divorcing couple can talk and work together, which is not always the case, they can cut down on the time in mediation by taking a piece of paper and writing, in two sections, what issues they agree on and what issues they disagree with. For example, is there agreement on how to divide all the assets and debts, a parenting plan, spousal support, or what is community property and what is separate property?

Each divorcing couple’s situation is unique, so the more issues the divorcing couple disagree on, the more hours of mediation will be needed. My SoCal Mediation is here to help divorcing couples with whatever issues they cannot agree on, regardless of how much time is needed in mediation. My SoCal Divorce Mediation is here to help divorcing couples reach a settlement agreement, finalize your divorce, and start a new chapter in your lives.

Can Divorcing Couples Mediate Separately?

Yes. Divorcing couples can mediate separately. This is done using Zoom, where both spouses appear at the same time but are placed in separate, completely private Zoom rooms. This is referred to in mediation as caucusing. In this process, the mediator determines the unresolved issues and then works with both spouses individually to resolve them, navigating from room to room. This process takes longer to mediate and resolve the disputed issues. Still, it is an option for divorcing couples who want to remain in separate rooms and maintain privacy when speaking to the mediator.

Is Mediation Right for Me?

If you both are looking for a non-adversarial approach to divorce, meaning that neither of you is interested in pursuing costly litigation and you both are open to, with the right help, compromise, willing to cooperate, and find common ground, then you are likely a good candidate for divorce mediation.

However, if any of the following apply, mediation may not be the best option, and you may find litigation a better fit.

• If you are a very high-conflict couple and find that reaching any compromise is impossible, and have trouble working together
• If the marriage suffered from a history of domestic violence, addiction, or mental illness

Ultimately, after careful consideration, it is up to the divorcing couple to decide what is the best option for them at present. Certainly, if they feel that they can join in a cooperative spirit and negotiate amicably to reach a marital settlement agreement without undue force from either person, then mediation may be a good fit.