Newport Beach Divorce Mediation Lawyer

Newport Beach Divorce Mediation Attorney

Divorce litigation can be a stressful, time-consuming, and expensive process. It can cause relationship strain due to the high emotions, especially if children are involved. To avoid this, many couples are choosing to look for alternate resolution methods. If you are looking for a more peaceful divorce process, an experienced Newport Beach divorce mediation lawyer can guide you through everything.

What Is Divorce Mediation?

Divorce mediation is the process of settling divorce issues outside of the California family court system. While both spouses must agree to mediate, the meetings are confidential and include a neutral third-party mediator who allows the spouses to negotiate the issues of their divorce and decide on an outcome that both of them can agree on. Common topics in divorce mediation are child custody, support, property division, and spousal support.

The Role of a Divorce Mediator

The role of a divorce mediator in Newport Beach, California, is to assist divorcing spouses in reaching a mutually agreeable settlement. They do not make decisions for the couple but guide them through the mediation process while helping them work through their differences and come up with a solid plan for their future.

Having a divorce mediator comes with benefits, including:

• Reduced stress.
• Increased control over the outcome of your divorce.
• Faster resolution than litigation.
• Saves time and money.
• Helps maintain an amicable relationship between the spouses.
• Flexibility in terms and scheduling.
• Higher chance of compliance.
• Privacy, because mediation proceedings are not public records like court proceedings.

The Mediation Process

The mediation process will begin with the spouses meeting with a mediator to discuss your situation and determine if mediation is the right approach for you. Next, the mediator will gather information from both parties to understand each person’s priorities and concerns.

The two spouses will then participate in a series of mediation sessions, which are facilitated by the mediator, to negotiate the terms of the divorce. Ground rules will be set to ensure a productive, respectful environment. If a mutually agreeable settlement is reached, the terms will be documented in a written agreement.

Legal counsel will review this agreement to ensure it complies with the law and then give it to a judge for official sign-off. In some situations, the mediator may discuss options for enforcing the terms of the agreement, such as including provisions for dispute resolution or seeking court intervention.

Do I Need a Divorce Mediator?

While many divorcing couples believe their situation is simple and does not require professional assistance, many do not realize that disputes can arise. Divorce issues can become more complex than initially thought.

One significant area of complexity is property division. California’s community property laws mandate the equitable distribution of assets acquired during the marriage; however, this does not apply to premarital or post-separation property. Gifts and inheritances received during the relationship may not be subject to division either.

Spousal support, child custody, and child support arrangements can be even more complex. Both parties have opinions on how their children should be raised, and a skilled mediator can help the couple make informed decisions while adhering to state law.

If you’re worried that your divorce may be too complex for mediation, it most likely is not. A divorce mediation attorney is equipped to handle high-asset property divisions and other bigger resolutions. But there are certain situations where litigation may be a more appropriate path, including:

• Domestic violence has occurred within the relationship.
• One or both spouses suffer from mental illness or addiction.
• A spouse is hiding assets or is acting in bad faith.

If you are unsure which path is right for your divorce, mediation, or litigation, you can speak with an experienced Newport Beach family lawyer for advice on how to move your life forward.

FAQs

Q: How Long Does Divorce Mediation Take in California?

A: The time it takes for a mediation to resolve will depend on what issues the couple is discussing and how willing both parties are to compromise. Some cases will be resolved in a few sessions; others may take a bit longer. But if the mediation fails, the unresolved issues will have to be decided in court.

Q: Is Divorce Mediation Mandatory in California?

A: Divorce mediation is not necessary for issues like property division, spousal support, and other financial matters. Mediation is required when divorcing or separating parents cannot agree on child custody and visitation arrangements. Before a judge will make any custody or support decisions, the parents must attempt to resolve their issues through mediation.

Q: Can the Mediator Make Decisions for Us?

A: No, the mediator cannot make decisions for you. Mediators are trained in conflict resolution, and their role is to act as a neutral facilitator who helps both parties communicate effectively, identify issues, brainstorm different options, and negotiate an agreement. The goal of mediation is to empower both parties to make decisions collaboratively.

Q: Do I Need an Attorney During Mediation?

A: While having an attorney during mediation is not required, having one by your side can be beneficial. An attorney can help you fully understand the implications of any agreement you may make during mediation, and they can provide legal advice and guidance, advocacy and support, and help with understanding complex issues.

Q: Does Mediation Work in Complex Divorce Cases?

A: Yes, mediation can be effective for complex cases. The flexibility and collaborative aspects of mediation can be beneficial in resolving intricate legal issues or significant financial situations. Mediation will open the doors for creative and customized solutions that might not be possible in a traditional courtroom setting. Additionally, mediation is confidential and can protect sensitive topics from being public information.

Contact Us if You Are Considering Divorce Mediation

Mediation can be a much less stressful way to get through a divorce than going to court. Whether your situation is simple or complex, a good mediator can help you and your spouse work out a fair agreement. Contact Newport Family Law & Mediation Group today and let us save you time, money, stress, and heartache.