UNDERSTANDING THE DIVORCE MEDIATION PROCESS
Divorce mediation is becoming a more and more popular method when married couples seek a divorce from one another. More and more couples are realizing that hiring expensive attorneys and fighting with one another for months and/or years is not necessarily the best route to take when seeking a divorce.
Divorce mediation is when you and your spouse sit down and decide what is best for the two of you. It is especially helpful when both of your essentially agree on most things and simply need help ironing out the details. Also, if you have children, it's a great opportunity for you to work together for the best interests of your children.
During mediation, both spouses hire a third party known as a "mediator" (a neutral person) who can help you navigate the important issues involved when going through a divorce. The idea is to resolve things amicable and efficiently, lower your financial and emotional costs. Issues resolved during mediation can include:
1) Distribution of Property (including any assets and liabilities)
2) Child custody issues
3) Child/Spousal support and maintenance
4) Retirement issues
5) Tax matters
Working with the mediator, you and your spouse will work to come to mutual agreement regarding these and other issues. Sometimes, matters are resolved easily and other times, matters are more difficult to reconcile. The mediator can facilitate the process, keep communication lines open, brainstorm ideas, offer innovative solutions, and generally keep the couple focused on the important issues.
Mediation is not only flexible but it's also confidential. Rather than going through a public court process, mediation takes place in a private manner. Ironing out these important issues can lead to easier roads ahead, especially long after the divorce is finalized.
The mediator is neutral and doesn't take sides. They are not working for either spouse. The mediator is not there to give legal advice. The mediator's job is to serve like the captain of a ship - to keep the couple on course through any treacherous waters and ultimately to their destination. Mediation is voluntary as long as both husband and wife are willing to engage with one another. The process can be weekly, every two weeks, or any other way the couple wishes to engage. The length of the mediation depends on the number of issues and how complicated they might be. In some cases, mediation can be streamlined if the couple decides on certain issues before the mediation process begins. Mediation is best for couples who are willing to "talk" and avoid drawing "lines in the sand."
If you live in Santa Clarita, CA and need an experienced attorney and mediator, contact Rand Pinsky today to learn more about he can help you resolve your matter as quickly and as efficiently as possible.