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What is Divorce Mediation?

This is a very common question for couples seeking a divorce! The traditional assumption is that you both need to get lawyers to sort everything out, then go to court to let the judge decide. The primary key of divorce mediation is to AVOID court, expensive lawyer fees, and come to a peaceful conclusion. There are a lot of issues to be worked out depending on your situation such as:

Child Support
Spousal Support
Property Division
And even Pets!

We offer a no cost consultation, please fill out our "Start Evaluation" form or give us a call!

619-985-2357

The ultimate goal is to not have to spend thousands of unnecessary dollars to reach a final martial settle agreement.

Cost

This is the primary reason couples use divorce mediation, is the cost. It is a fraction of using a divorce attorney or divorce lawyer. Using a traditional divorce lawyer can cost you a lot of money and fees often get up to $15,000+ or even a lot higher depending on the complexity of your case.

With a divorce mediator, the cost typically comes out to be about $3,000-$7,000. In rare cases does it exceed $7,000 but some circumstances can exceed that amount if you have a really complex case.

Avoid Court

We get it, no one likes to go to court. Judges can vary based on their personality and bias, though we like to assume all judges don’t have bias, this is not always the case. With mediation, you can come to an agreement in the comforts of your home via a Zoom meeting, but mediation is also available for in-person meetings to go over everything.

Time

With divorce mediation a very important item is “time”. With a divorce litigator the hourly costs can arise as the 2 sides hash things out before going to court. And if a settlement isn’t reached, can continue hashing things out for maybe months on end. Divorce mediation puts a stop to this and tries to come to a conclusion in a fairly timely manner if both parties are open to communication and cooperation.

Work for Both Parties

When each person gets their own attorney or lawyer, that lawyer will be working specifically for that person. This can create a disconnect between the 2 as they end up disliking each other over attorney and attorney fees.

With divorce mediation, WE DON’T take sides. We work for both sides, hearing each individual out, understanding the issues such as child support, or property division for example, and work on behalf of both parties, ultimately where the term “mediation” comes in.

Why Couples Turn to Mediation

Encourages Communication

Unlike traditional divorce proceedings that can create further conflict, mediation encourages open dialogue between the spouses. By providing a supportive environment, the San Diego divorce mediation team at A Fair Way Mediation promotes effective communication allowing both parties to express their concerns and needs in a positive manner. This approach helps couples maintain a peaceful relationship, even more so when children are involved. Your San Diego divorce mediator will act as a neutral 3rd part to help sort through the issues that need to be discussed and agreed upon, giving plenty of time for each side to express their goals and work to a solution. Oftentimes with litigation, couples end up having to communicate directly with their respective lawyers which can increase the amount of time to complete the divorce and lose the ability to convey their thoughts and needs accurately to the other spouse.

Decision-Making Power

Mediation also gives couples more control over the decisions that will impact their futures. Rather than having to rely on a judge to make a final determination that will dictate your future, mediation allows couples to participate in negotiations to reach mutually agreed upon solutions. This level of control reduces the feeling of helplessnes and leads to greater satisfaction with the final settlement. Most marriages have issues that couples specifically understand for themselves, and it's difficult to have to present a case in front of a judge who does not fully understand the intricacies of your marriage and that will ultimately decide your fate based information that is provided by the respective lawyers.

But please don’t feel lost. Call us today for a 30-minute consultation and see if divorce mediation is right for you! Or fill out our confidential online form.

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

Divorce Mediation Questions

How much is divorce mediation compared to divorce litigation?

Many couples turn to divorce mediation as opposed to litigation because of costs. Generally, the average cost of a mediated divorce is $3500 - $7000 (depending on the complexity of the case). With lawyers, the costs can easily exceed $25,000+ (per person).

How long after mediation is divorce final in California?

On average, the divorce is finalized within a few months with the courts. The timeline is based on a variety of factors including the complexity of the issues involved in the divorce, the court’s caseload, and whether it’s contested or uncontested. Once the agreement has been reached, the divorce mediator will prepare the final paperwork to be filed with the court.

Do I have to go to court with divorce mediation?

No. This is another primary reason couples choose mediation over litigation. All discussions will be settled out of court, once the agreement has been made you will simply submit the final paperwork to the courts which your divorce mediator will prepare. Discussions in mediation are kept private, when the case ends up in court it becomes a public record.

In a California divorce, what issues can divorce mediation cover?

An experienced divorce mediation firm can cover a wide range of issues related to a divorce including: Division of Property: mediation helps couples divide their marital property, including debts and assets that have been acquired during the marriage. Child Support: through discussions, mediation can assist in determining the amount of spousal support to be paid to one spouse or the other. Spousal Support: can help determine the amount and duration of spousal support payments (if any). Retirement Accounts: mediation also helps couples divide their retirement accounts and pensions. Debt: divorce mediation can assist couples in resolving issues related to marital debt (credit cards, loans, mortgages). Business Partnerships: mediation can also help divide any business interests that have been acquired during the marriage. Pet Mediation: while not as known, mediation can also help with pet custody and support during the divorce process.

What is the difference detween divorce collaborative divorce and mediation?

Collaborate divorce and mediation are both methods that can be used in place of a traditional litigated divorce. Each methods helps couples come to a mutual agreement and avoid court. There are a few key differences between the 2 alternatives. Collaborative Divorce: Is a process where each spouse hires their own “collaboratively” trained attorney to work with them and a team of professionals, attorneys and therapists, for example. Mediation: this is the process where a neutral 3rd party (the mediator), works with both spouses to facilitate discussions and ultimately reach a final agreement. Mediators do not represent either party, they help couples identify the issues and generate options for a peaceful resolution. Key Difference: In a collaborative divorce, both parties may have their own team of professionals who work with them to find resolutions. Whereas, a trained mediator doesn’t have a team of professionals and can handle all of the aspects of the divorce.

How is child support determined in a divorce case?

Within the State of California, child support is based on a statewide guideline formulate that takes in a few different factors. Each Spouses Income: the formulate considers each parent’s income from all sources, including salary, wages, bonuses, commissions, and investments. Custody Agreement: this is the amount of time that the child or children spends with each parent (timeshare). In general, the more a parent spends with the child or children the less support they are required to pay. Childcare Expenses: if either parent pays for childcare expenses, such as daycare, those expenses are factored in to the child support calculations. Health Insurance: if 1 parent provides health insurance coverage for the child, the cost of that is factored in to the support calculation. Miscellaneous Expenses: other expenses that may be considered in the calculation include educational needs or special needs, transportation costs, or any other expenses.

What are the benefits of divorce mediation?

There are a variety of benefits to divorce mediation as opposed to litigation, here are just a few. Overall Costs: in comparison to litigation, mediation is much less expensive. The average cost of a mediated divorce is around $3500 - $7,000, the cost of a litigated divorce can easily exceed $25,000+ with lawyer fees and court costs. Less Stress: divorce mediation is designed to provide a peaceful environment to work out the issues, minimizing the level of conflict between the parties. More Control: with divorce mediation couples have control over the outcome of the divorce. They work together to come to an agreeable settlement that meets the unique needs and circumstances of their situation as opposed to a judge making the final decision. Quicker Process: the average time for divorce mediation from start to finish is around 3-8 weeks depending on the complexity of the case and the couples ability to communication.

Do we have to meet in person or can we mediate online or phone?

No. You do not have to meet in person. Discussions can be done over the phone or via online video chats such as Zoom or Skype.

How do I start the divorce process?

With divorce mediation, since mediators act as a neutral 3rd party and does not represent either spouse, it’s recommended to discuss with your spouse before exploring options. We offer a free 30 minute consultation to answer any questions you may have while also gathering information as to how we can help!

What is pet mediation and How does this work in a divorce?

While it may seem odd to many, pets are members of the family, and just like any other issues that need to be discussed, pet mediation in a divorce discusses custody and visitation of the pets. Learn More About Pet Mediation