What Is Divorce Mediation?

May 10, 2023
By Alternative Divorce Solutions

When a marriage hits its breaking point, it’s hard to decide what to do next. No one wants a lengthy, contentious court battle. Ending the relationship will be difficult enough without adding more emotional stress. Fortunately, there are other options, such as divorce mediation.

How Mediation Works

Rather than one partner blindsiding another with a surprise divorce subpoena, you can work together through divorce mediation. Essentially, this is a process where both parties meet with a neutral third party, the mediator. The mediator is a legal professional who can help you plan the best, fairest course of action. They do not work solely on the behalf of one party. Their job is to help you work together, creating a plan that will attempt to satisfy everyone.

Why You Should Consider Divorce Mediation

Through mediation, you can choose an “uncontested divorce.” This means that you can avoid costly, time-consuming battles in the courtroom. Mediation costs a fraction of the money that would be spent in court. You can pay the mediator; create a plan; get it in writing; submit it to the courtroom; and move on.

Mediation helps protect your privacy as well. Whatever is said in the meeting(s) remains confidential. Divorce trials become part of the public record. If there are things that you or your partner would like to remain private, an uncontested divorce can ensure your privacy.

What Does a Mediator Do?

A mediator can help you and your partner remain focused, working on the matters at hand. There is likely much tension between you and your spouse, and it is probably difficult to discuss your divorce without degenerating into fighting. Mediators will redirect that energy, keeping your attention on what needs to be solved today.

A good mediator can help you find new solutions to your disagreements. For example, one parent wants this much time with the kids, but the other wants something else. A third party may see a solution neither of you is considering.

Mediators are aware of the emotional weight behind each decision, and they can help you empathize with one another. You could go into mediation unwilling to yield on a certain issue. Mediation can help you see the other side. Similarly, a good mediator can provide reality checks, keeping you clear-minded in your decisions.

Mediators can even help you come up with solutions beyond divorce. Legal separation, for example, could be the best choice for you and your spouse. Ultimately, divorce mediation could turn a combative situation into a true collaboration between former partners.

What Can You Decide Through Mediation?

Essentially, any divorce-related decision can be made in mediation. You can create a plan for distributing money and property, including who will be responsible for which debts. Couples can also decide on future financial issues such as retirement and taxes. Any issue around child custody and visitation has the potential to be determined through mediation so long as both parties are willing to openly communicate. If child or spousal support is necessary, those issues can be finalized as well.

Overall, divorce mediation can have a positive effect on all stakeholders. Of course, the divorce will be hard on the family. However, an amicable separation could ultimately lead to a happier, more stable future for all involved.

We are here to provide divorce alternatives to residents of Newport Beach and surrounding areas. You can call 949-368-2121 or fill out an online form to schedule a free consultation.


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