There are lots of prudent reasons to consider mediation when you are divorcing:

You increased control and input so you feel better about arriving at a final agreement regarding what is fair, rather than having a rigid set of rules guide your fate.

Mediation is less adversarial than litigation, which reduces animosity and helps preserve a working relationship.

Mediation is much less emotionally harmful on children. Children hate to see conflict between their parents and by showing them that you are working together, you can set an example and minimize any repercussions.

Mediation typically costs less than litigation or collaborative divorce.

You and your spouse have significantly more control over the process and the outcome as opposed to court decisions. This creates more durable agreements.

Each participant will have the ability to assert him/herself and to understand, articulate, and provide for his/her own needs.

There is a greater likelihood that the terms of the agreement reached will be honored in the future.

A mediator can’t order you to do anything. All that is required to make a divorce mediation successful is for both people to show up, willing to negotiate and open to compromise.

You still have the option of going to court. Choosing mediation does not cause you to lose your right to litigate your divorce in front of a judge. Anything that took place during mediation will remain confidential (except for signed written agreements and financial affidavits).

Every case is different, but a typical divorce mediation usually takes several sessions over three to six months. It’s not uncommon for more complex cases to take longer.

The two biggest factors impacting the length of mediation are: how well you prepare (do your homework!) and whether both parties are open to compromise.

In California, there is a statutory waiting period of 6 months to dissolve the marriage status of the parties involved. Nevertheless, there's no mandated waiting period to address other pertinent issues. Typically, these matters can be resolved well in advance of the 6-month waiting period expiration in most cases. After the submission of the Judgment and Marital Settlement Agreement to the Court, the Court tends to finalize the Judgment within 6-8 weeks.

We ensure that clients have clarity on what information is necessary by providing them with a comprehensive checklist tailored to their specific circumstances. This checklist will cover all relevant areas, including financial documents, asset and debt information, and details regarding children if applicable. Additionally, I offer clear guidance during our initial consultations and throughout the mediation process, explaining what information is needed and why it's important. Our aim is to empower clients with the knowledge and tools they need to navigate the mediation process efficiently and effectively.

Either party is free to seek advice from attorneys, accountants, or other advisors at their discretion. However, there is no obligation for either party to do so.

No. More than 90 percent of divorce cases filed California are settled without the need for a trial. The critical decision lies in how the settlement will be reached: whether directly between the parties themselves, with the assistance of legal counsel, or facilitated by a mediator.

If divorce mediation fails to yield an agreement, the parties typically revert to traditional litigation to resolve their differences. This means each party hires their own attorney, and the case proceeds through the court system. Litigation can be a more time-consuming and costly process compared to mediation, as it involves formal court proceedings, legal motions, and potentially a trial before a judge. Additionally, the outcome is ultimately determined by the court, which may not align perfectly with the desires of either party. Despite the shift to litigation, some aspects of mediation, such as negotiations and settlements, may still occur outside of court to mitigate the adversarial nature of the process.

Mediation and collaborative divorce are both consensual dispute resolution methods.

With a collaborative divorce, you and your spouse each have your own collaborative attorneys.

If you and your spouse cannot reach agreement and the negotiations fail, then you will have to start your divorce process over from scratch with new attorneys, and this can be expensive after you’ve already invested in the collaborative process.

If you decide to withdraw from mediation while mediation is still in process, you may be eligible for a refund of your fees, depending on the state of progress within the mediation process. Refund policies will vary, so it's crucial for individuals to thoroughly review the specific refund policy for details on eligibility criteria and refund amounts.