Orange County Divorce Mediation Lawyers
The Mediation Process: A More Thorough Explanation
Mediation is a magnificent conflict resolution tool to point you and your spouse toward mutually-agreeable arrangements. If you choose to go into mediation, a trained mediator will help you and your spouse find the root of the problems in your quarrels and get you to a fair resolution more quickly. As the impartial intermediary, your mediator has no authority to impose rulings on either party. The arrangements that result from mediation are completely the product of the discussion of the divorcing spouses. The mediator’s role is only to encourage the movement of talks between the parties in a positive way.
Some Good Reasons You Should Opt for Mediation?
Divorce mediation can be a phenomenal resource when you are hitting roadblocks enroute to agreements on critical issues. Here are some very good reasons:
- You retain autonomy over any and all decisions;
- Other dispute resolution methods are, generally, more stressful;
- Mediation proceedings are totally confidential;
- Court is much more costly than mediation; and
- The best thing is that mediation can help you and your spouse push through underlying problems that are the true roots of conflict blocking mutual agreements.
What Steps Do We Take in the Mediation Process?
Here below is an overview of what to expect in the course of the mediation process in your Orange County divorce.
Vetting a Suitable Mediator: The next step after deciding to do mediation is pinpointing which certified, trained mediator will help get you through the process. Your Orange County divorce attorney should have a list of excellent mediators in Orange County and can help you decide which of them is best for you.
Prepping for Mediation: Once you have selected a mediator and set a date for the dispute resolution sessions, you should prepare yourself. Part of this preparation involves creating an outline of the issues to be dealt with and round up any evidence to support the outcome you seek.
The Opening Meeting: Your mediator then invites you both to an initial meeting at your first mediation session. To commence, your mediator will provide you both with an overview of all the guidelines that should be adhered to during the process. Additionally, he or she will remind you both that what takes place in the mediation session is privileged. Also, your mediator inform you of what their job is in the process, which is to facilitate your movement towards a mutually-agreeable resolution. All of the decisions are your responsibility and are completely under your control.
Joint Session: The opening meeting is frequently followed by a joint session. In this joint session, the mediator meets with both spouses at the same table. You will each have the chance to give an opening statement and apprise the mediator and your spouse of what you would like to gain at the end of the process. The mediator will take advantage of this session to nurture open and honest dialogue between the two of you. If at all possible, the mediator’s focus is on bringing you and your spouse into agreement with each other to reason out your differences. The mediator will stand in as a kind of referee, keeping you both civil, and targeting a positive result.
The Possibility of Individual Sessions: In some scenarios, the joint session may be unproductive. If this happens, then your mediator could ask that you and your spouse sit in separate rooms. Your mediator will then talk about the issues with each of you separately in turn and bring your concerns across to your spouse in the other room. Over the course of the mediation, the mediator will shift back and forth between the spouses, doing his or her best to move the conversation in a positive direction.
Closure: When the mediator sees that you are coming to a mutual understanding about things and are able to converge regarding the terms of your Orange County divorce, they will then ask you to reconvene for the last of the discussions. This is your chance to finalize your decisions and capture them in a written agreement. Your mediator then draws up the final agreement, which lays out all the terms you agreed on and gets you to sign your respective copies right there on the spot. From the moment the ink hits the page, your divorce agreement is a legally-binding contract. You will be required to stick to its terms.
Your Orange County Mediation Lawyer
When you decide to dissolve your marriage in Orange County, you and your spouse will suddenly have a slew of critical decisions during the divorce process. The divorce will not be declared final until you arrive at agreements on how your marital property will be split between you, how the custody of your children will look, and if either of you will receive a spousal support payment. It might be a great deal easier for you to get through some of these matters, but more difficult to come into agreement on some others. If it so happens that you and your soon-to-be ex-spouse cannot get on the same page with regards to some select divorce terms, but you are both looking to avoid an expensive and stressful fight in court, you might want to choose to go into mediation. Reach out to your Orange County divorce attorney for more info on the mediation process.
What Can I Do Before My Divorce Mediation?
The road that leads up to a divorce being sought can be long and difficult. However, once the decision between two spouses to go through with it has been reached, a detailed plan will need to be set up in order for both parties to be able to move on with their lives. It may take time and effort, but starting a new chapter of your life after divorce doesn’t have to be more complicated than it should be. To help with this transition, many spouses choose to go through mediation. It can really help.
What Is Mediation?
Mediation is the process of meeting with a mediator in order to reach an agreement with both spouses for the terms of the divorce. Mediation can be a better and more affordable way to reach agreements without having to spend a fortune or tap into your savings or kid’s college funds. Attorney’s fees can really rack up when you are going through a divorce. It can also take a long time and cause lots of unnecessary stress.
Many people who are about to go through the mediation process want to know how best to prepare for it. Below are some great tips to follow in order to get ready for your upcoming mediation. For mediation, preparation on both sides will be the key to getting through the process much easier and quicker.
Agreeing To Mediation
In most states, the mediation process in a divorce is voluntary. The only way to go to mediation is if both parties agree to it. Many people don’t consider mediation because they think both parties have to be on great terms in order for mediation to be a viable option. While this is not exactly true, both spouses do have to agree to attend for it to work.
Do Your Homework
After both of you have decided to attend mediation for the divorce, you will need to get yourself prepared and organized. This can make the process go by much smoother. The mediator will not be able to help you figure out what to do with what you have if you don’t know exactly what you both have to work with. Make lists of everything you have and own. The list should include things like property owned, vehicles, assets, bank accounts, retirement accounts and other personal property items. You will also need to supply records of all of your income sources and liabilities. Most states will require divorcing spouses to fill out a financial affidavit for the resolution process.
Set Your Goals
After you know exactly what you have, you need to figure out what it is you want out of the divorce. This process can be very difficult on some people because you will be spending a lot of time trying to determine what is truly of importance to you. You should figure out what you can’t live without and what you would be willing to negotiate on. Have a list of your bottom-line goals. If you have children, keep any decisions about them separate from any financial decisions.
Put Kids First
While kids can be very resilient, divorce can still take a toll on them emotionally. They usually have no idea what is really going on. However, parents can help minimize the negative impact on them by effectively communicating what is happening. It affects their lives as well, not just the couple splitting. Even if you and your spouse don’t get along very well, it is essential to come together when confronting the children about the divorce. They deserve to hear from both parents that they are still very much loved and that all will be okay after this divorce.
Many states will require parents who are divorcing to go through co-parenting classes prior to a court judgement being issued. Trained mediators can help divorcing parents communicate more effectively and resolve issues to help parents be better co-parents through and after the divorce is finalized.
Just like with anything you purchase, it is in your best interest to do your research before you hire a mediator. Not all mediators have been trained in mediation. A trained mediator will be able to help you more effectively reach agreements with your spouse. Mediation is becoming more popular as people are finding that affording lawyers is out of their budgets. Using a mediator is a great alternative because it offers an affordable and confidential way to achieve results that please both parties. The demand for mediation is growing. However, the regulations for how mediation processes are done have not caught up with the demand yet. With that in mind, buyer beware when hiring a mediator to use through your divorce proceedings.