STAY OUT OF COURT AND REMAIN IN CONTROL
OF YOUR FAMILY’S FUTURE HAPPINESS AND STABILITY.
A divorce mediator is a 3rd party individual or company that can help a couple obtain a divorce without having to hire lawyers or go to court. A divorce mediator will not take sides and is a neutral advocate for both individuals to work out their issues and ultimately bring the divorce to an amicable and final conclusion.
Open communication is encouraged as both parties are given the opportunity to speak, and emotions are brought to a minimum to help continue the peaceful resolution.
Divorce Mediator: Common Divorce Terminology
Collaborative Divorce
A collaborative divorce is when the individuals (parties) agree to use outside experts when and where necessary in a cooperative fashion while sharing the costs of those experts. For example, business appraisals, real estate appraisers, retirement accounts, etc).
Legal Separation
Couples are allowed to live separately but will remain married. During this period of legal separation, neither party may remarry or enter in to a domestic partnership. Legal separation procedures in California are similar to that of a divorce.
Parenting Plans
Also known as a "custody and visitation agreement". This is the parents written agreement when providing custody and a time-share schedule for a child or children. This is determined in regards to how the parents will make decisions for the children such as health, education, and overall welfare.
Asset and Debt Division
A mediator will guide you through the process of dividing your property and debt, helping you both to reach a mutual agreement that will divide everything fairly so that each of you ends up with roughly the value of the property or properties and debt. This does not mean a physical division.
Divorce Mediator: Common Questions
Is a Mediator Like a Judge?
To put it simply, a mediator is not like a judge. There are several reasons for this. Unlike a judge, a trained divorce mediator will not decide who is in the right or wrong, but will focus on the issues at hand to keep communication in tact for the end agreemnet. When necessary, a mediator will offer suggestions but an effective mediator will enable the couple to come to a conclusion and agreement on their own. Ultimately, a mediator does not make a final ruling on your case.
Is Mediation Private?
Yes. It is a completely private and confidential procedure. Unlike courts where divorces become public record, with mediation the conversations are discussed out of court in a setting that works for you and your spouse, whether that's in person, via video chat or phone call. The only exception to this is when mediation is court-ordered, all matters prior to mediation will become public record.
Is an Agreement Reached in Mediation Legally Enforceable?
After the completion of the final agreement is presented before the courts and the seal has been set on the agreement, it is now considered a legally binding contract. If, for example, there is an issue that arises with parenting time or any other sort of contention in relation to the final divorce, the courts will refer to this final order as law. While mediation is less formal and far less expensive, it is a serious legally binding process once complete.
About A Fair Way Mediation
As one of Southern California's top divorce mediators, A Fair Way Mediation has helped 100s of couples to obtain an affordable and peaceful divorce without going to court. We save our clients thousands of dollars in litigation fees and specialize in all forms of divorce mediation including military divorce and same sex divorce mediation. Our divorce mediators are skilled in all the facets of mediation and will guide you through the process. We provide divorce mediation services for couples throughout San Diego, Palm Springs, Riverside County and Rancho Mirage, Temecula, and Cathedral City.
We offer a no cost consultation, please fill out our "Start Evaluation" form or give us a call!
619-985-2357
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THE HUMAN APPROACH TO DIVORCE: INSIGHTS INTO MEDIATION
Divorce is a difficult and emotionally challenging process that marks the end of a significant chapter in one's life. The traditional approach to divorce often involves lengthy court battles, escalating tensions, and significant emotional and financial strain on both parties involved. But that approach is a thing of the past, there is an alternative, more human-centered method of navigating this tumultuous period: mediation.
A NEW BEGINNING: THE BENEFITS OF DIVORCE MEDIATION
Divorce is an emotionally challenging chapter in many people's lives, that often comes with tension, disagreements, and uncertainty about the future. While the process can be adversarial and draining, there's an alternative that offers a more peaceful and constructive approach to resolving differences: divorce mediation. This method is gaining popularity due to its numerous benefits for couples navigating the complexities of separation.
What Is Divorce Mediation?
While most couples assume the way to get a divorce is for each party to hire a divorce lawyer that will manage the communication between the 2 parties to come up with a finalized agreement. While that may seem so easy, with litigation, its often not. Divorce mediation provides a different approach to the divorce process. This involves a mutual 3rd party to help "mediate" the communication directly with you both, taking the time to get a full understand of each individuals goals and desires, navigating the issues that need to be worked out such as retirement assets, real estate assets, child support (if applies), child custody, and even pet mediation in some cases!
Couples can seek mediation services on their own or they may be court-ordered in some cases. When mediation begins, there will be several joint meetings between the 2 spouses in which the the issues will be directly discussed and each person heard. This stops unnecessary communication if lawyers are used which ultimately results in higher lawyer fees when things could ultimately be worked out in a rational and civil manner.
While mediation may not be able to resolve each and every issue, it allows couples to focus on the most important issues at hand and the smaller unresolved matters can be discussed either in a court, but preferably everything is settled so you simply have to turn in the MSA - marital settlement agreement.