For years, mediation has been a popular and effective way to settle divorce cases without going to trial. In mediation, both individuals meet with a mediator, who is a neutral third party, to discuss their respective positions and try to reach an agreement on the outstanding issues. If mediation is successful, the parties will sign a settlement agreement that resolves all of the issues in their case.
Mediation is only required by law in California if the parties cannot reach an agreement on child custody and visitation. This is because child custody and visitation are such emotionally charged issues that the courts believe it is in the children’s best interests for the parents to resolve these issues with the help of a mediator. However, even if custody and visitation are not an issue in your case, mediation can still be a valuable tool to help you and your spouse reach an agreement on the other outstanding issues.
In all other cases, the parties can mediate if they want to, but they are not required to do so by law. This means that if the parties are able to reach an agreement on all of the issues in their case without going to mediation, they can do so. However, if the parties are not able to reach an agreement on all of the issues in their case, they may have to go to trial.
Tips for Successful Mediation
Undoubtedly, mediation in California has been cited as one of the most successful tools in resolving divorce cases. Here are a few tips to make sure that your mediation is as successful as possible:
- Hire an experienced mediator: The quality of your mediator will have a direct impact on the success of your mediation. Be sure to hire a mediator who is experienced in handling divorce cases and who has a good track record of successful mediation. You want someone who will be able to keep the discussion on track and is clearly unbiased.
- Be prepared to compromise: In mediation, both parties will have to give and take in order to reach an agreement. This means that you will not be able to get everything that you want, which can be a difficult pill to swallow. However, keep in mind that if you go to trial, the court will make a decision for you; you may not get what you want then either. Mediation gives you the power to control the outcome of your case, which is why it is so important to be prepared to compromise.
- Have realistic expectations: Mediation is not a magic bullet that will solve all of your problems. You and your spouse will still have to communicate with each other after the mediation is over, especially if you have children together. However, mediation can help you to resolve the outstanding issues in your case so that you can move on with your lives.
- Be prepared to discuss difficult topics: Mediation is not a therapy session, but it is important to be prepared to discuss the difficult topics that led to your divorce. Be prepared to discuss the issues in your marriage frankly and honestly with your spouse. This will be difficult, but it is necessary in order to reach an agreement.
- Be open to new ideas: In mediation, you and your spouse will be presented with new ideas that you may have never considered before. It is important to be open to these new ideas and to consider them carefully. Just because an idea is new does not mean that it is not a good idea.
- Be willing to put the interests of your children first: If you have children, it is important to remember that they are the ones who will be most affected by your divorce. In mediation, you and your spouse will need to put the interests of your children first to reach an agreement that is in their best interests.
- Be patient: Mediation can be a long and frustrating process. It is important to be patient with the process and to keep in mind that the goal is to reach an agreement that is fair to both parties.
- Keep an open mind: Mediation is not a battle; it is a negotiation. In order to reach an agreement, you will need to keep an open mind and be willing to listen to your spouse’s ideas. Having an open mind does not mean that you have to agree with everything that your spouse says, but it does mean that you should be willing to consider their point of view.
- Be respectful: Even though you are divorcing, it is important to remember that you are still human beings who deserve respect. In mediation, you and your spouse will need to be civil and respectful to each other in order to reach an agreement.
- Conclude the mediation with an agreement: The goal of mediation is to reach an acceptable agreement for both parties. The agreement should be in writing, and both parties should sign it. Once the agreement is signed, it is binding and cannot be changed without the agreement of both parties.
These ten tips will help you to get the most out of your mediation and to reach an agreement that is fair to both parties. Mediation is a powerful tool that can help you to resolve the outstanding issues in your divorce so that you can move on with your lives.
Contact McCunn Law Today
If you are considering mediation or have any questions about the process, contact McCunn Law today. Our experienced divorce attorneys can help you to understand the process and to determine whether it is right for you. We want to help you reach an agreement that is fair to both parties and will allow you to move on with your lives in a way that is best for you and your family. Contact us today, and let’s get started.