Understanding Mediation in California

If you’re considering a divorce in Orange County and believe you and your spouse have the emotional and intellectual maturity to settle your differences amicably, then a divorce mediation might be right for you. Unlike litigation, which requires couples to go to court and argue their case before a judge, mediation is a voluntary, confidential, and privileged process in which you, your spouse and a third party come to an agreement on the particulars of your divorce. To partake in a mediation, you should speak with an Irvine uncontested divorce attorney who can guide you through the process. They will help you determine whether mediation is right for you based on your goals for divorce, wealth distribution, and child custody.

Below, we review some of the most common questions regarding divorce mediation and aim to demystify the process around it.

How Much Does Mediation Cost in California?

No two divorce cases are the same, and the fees for mediation in a divorce tend to be calculated by the hour. It’s up to you and your spouse to determine how many sessions you will need and whether you can go beyond a set number of hours in order to mediate and finalize the terms of your divorce. The average cost of an amicable divorce in California is around $5,000, and slightly more when factoring in consultants who will help evaluate your wealth. If that seems like a lot, just consider that the cost of a contested divorce usually winds up costing three times as much!

What Can I Expect from the Mediation Process?

Mediation is a process facilitated between you and your spouse in order to define the terms of your divorce. The process helps resolve your disagreements and identifies the core components of your divorce before being finalized in a written document that is then filed and approved by the court system. Each mediation proceeding is different, and most mediators will approach your proceeding in a customized manner to ensure it works well for you. Before you begin, your mediator will meet with you and your spouse separately to get a sense of the issues and then design an approach that will help you get closer to an agreement. Each session will consist of you, your spouse, your attorneys and a mediator who will help you navigate the issues facing your relationship. Each of you will voice your desired wishes and try to come to an agreement. In some instances, a mediator may order a private caucus between each spouse and their attorneys in order to diffuse the situation.

How Long Does Mediation Take?

Typically, mediation can take up to three to four months to complete in California. However, this is purely an estimate and will depend on how committed you are to resolving your differences in an efficient and timely manner.

Contact an Orange County Divorce Mediation Lawyer to Get Started

If you’re considering a divorce in California and think you can resolve your differences amicably, contact our office today. An Irvine uncontested divorce lawyer at our firm will guide you in the right direction.

Frequently Asked Questions

How long does divorce mediation take?

Fewer sessions than most people expect, but the calendar is governed by the financial work rather than by the meetings. A straightforward case may resolve in two to four sessions over a couple of months. A case requiring a business valuation or an income analysis waits on the forensic accountant, which typically adds two to four months regardless of how quickly the parties agree. And no California divorce can be final sooner than six months from service, mediated or not.

Is mediation cheaper than litigating?

Usually, and the savings come from three places: one neutral instead of two sets of counsel appearing at hearings, frequently one jointly retained expert instead of two competing ones, and the absence of motion practice and trial preparation. The savings are not automatic. A mediation that requires the same expert work as a litigated case still costs what that work costs, and a mediation entered without the financial homework done tends to fail and then cost twice.

What if the spouses cannot agree on everything?

Partial agreement is common and useful. The parties can settle what they agree on, reduce it to a written agreement, and take the remaining issues to a private judge or to court. That narrows the litigated case to one or two questions rather than all of them, which is materially cheaper and faster than starting over. Mediation is not all-or-nothing, and treating it that way is a reason parties abandon it prematurely.

Does mediation work when one spouse has more financial knowledge than the other?

It can, but only if the information gap is closed rather than worked around. The neutral cannot represent either party, so the protections are complete disclosure with supporting documents, a jointly retained expert where a business or complex asset is involved, and consulting counsel for the less-informed spouse to review the disclosures and the proposed terms. Where one spouse controls all the information and the other cannot evaluate what is being offered, mediation produces an agreement that will not hold.