Mediation is becoming an increasingly popular way to handle divorces in the state of California. This is primarily because mediation has been proven to take less time and it also has the ability to promote continued cooperation and communication between all of the parties involved. Continue reading to find out some of the most basic guidelines in the mediation process.
Mediation has been proven to take less time and it also has the ability to promote continued cooperation and communication between all of the parties involved.
- Typically the mediator will try to ensure that both parents have frequent and continuing regular contact with their children.
- The mediator will also want to maintain a positive environment for the children in which both parents are flexible and foster a relationship with the other parent.
- It is important that both parents are respectful of the other and that they never make negative remarks about the other parent.
- Mediation can only work if each spouse is honest and openly discloses all facts, records, and documents required to ensure an informed and fair agreement.
- If a mediator believes that such disclosure is not taking place they will take steps to ensure that it does, and if there is still a disclosure issue, the mediator may decide to terminate the mediation.
- The mediator does not represent either party and will not take a stand on any particular opinion.
- The mediator must ensure that the forum is fair and that neither spouse is being pushed, threatened or bullied into reaching an agreement.
- Both parties must feel comfortable with the agreement.
Use of Consulting Professionals
- The mediator may request that the spouses consult with other professionals during the proceedings, such as an accountant who may be needed to address tax issues, or an appraiser, to establish the value of a residence.
- Each spouse is highly encouraged to consult their own attorney to have them review the written agreement or settlement resulting from mediation.
- Everything that occurs during mediation is fully confidential.
- The mediator will not divulge anything the spouses say to him or her to the other partner or anyone without the written permission of the other spouse.
- Because of this confidentiality, the mediator may not be brought into court.
Commitment to Success
- In order for mediation to succeed, spouses must be committed to working towards an out-of-court resolution to their divorce.
- The parties must cooperate and focus on reaching resolution rather than personally attacking each other.
- The parties must be respectful, listen to each other, and not interrupt one another.