Divorce and family law mediation in California can be an alternative to litigation or an adjunct to litigation, allowing the parties to negotiate and reach enforceable agreements regarding important issues affecting their families and finances.  Generally, mediation is a voluntary, confidential, non-binding process whereby both parties work with a neutral third party to resolve their disputes.  If mediation resolves all disputed issues, then litigation may be avoided altogether.

At Antonyan Miranda, we understand that many clients come to us looking for aggressive representation in court.  That said, mediation can be a useful resource for parties who are looking to save time, money, and emotional distress during the divorce and family law process. 

The Mediation Process in California 

Sometimes parties will attend mediation prior to retaining an attorney or filing anything in court.  Other times the parties will already be involved in family court litigation and will be represented by attorneys but will nevertheless submit their case to mediation if they believe there is a benefit in doing so.  Being represented by an attorney during mediation is the best way to ensure that the process is focused, productive and that there is a thorough understanding of the legal ramifications of any decision. Experienced family law attorneys also have knowledge of the strengths and weaknesses of the family law mediators in their area, which is an important consideration depending on the facts of the case.

The mediator is usually an experienced family law attorney or a retired family law judge. Regardless, the mediator is a neutral who does not represent either spouse and who does not have the power to make decisions- only suggestions. The mediator works with both parties to facilitate communication and to help them identify and resolve the issues that need to be addressed in their divorce or family law case.

If the mediation process fails, then the mediator cannot represent either party individually, and the entire process remains entirely confidential.  This ensures that both parties will have no aversion to making offers in compromise and engaging in candid discourse.  If the mediation process is successful, a written agreement that reflects the agreements will be submitted to the court for approval and incorporated into any judgment or other binding order.

Benefits of Mediation

There are several benefits of the mediation process for divorce and family court issues:

COST-EFFECTIVE:

Mediation is often less expensive than going to court. This is because mediation sessions are handled on a private calendar in a more informal setting than court proceedings, permitting the participants to advance issues more efficiently.  

TIME-SAVING:

Because mediation is performed outside of court, there is no need to wait months for hearing dates which may be subject to further delays or continuances.  Mediators are usually much more flexible with their time, including a willingness to work evenings or weekends. 

LESS ADVERSARIAL:

Mediation is generally less adversarial than going to court. There are many reasons for this, including the fact that one or both of the parties is paying for the mediation, the confidentiality of the process reduces tension and bravado, and a skilled mediator will cause both parties to focus on compromise rather than on “winning.”

CONTROL:

Mediation allows both parties to have more control over the outcome of their divorce or family law case. In court, the judge makes the final decision, which may not be satisfactory to either party.  This is particularly true in matters where child custody is involved.

Mediating a divorce or family law case in California can be a useful option for couples who are looking to save time, money, and emotional distress during the divorce and family law process. At Antonyan Miranda, we recognize that there are situations where mediation is appropriate, and we are always ready to zealously represent our client’s interests in any forum. Antonyan Miranda also offers family law mediation services.  Call us at 619-696-1100 to speak with one of our Concierge attorneys, or visit us at www.expertdivorcelaw.com for more information.