Mediation

Why Choose Divorce Mediation in Orange County?

If you are going through a divorce or any family law issue, the option of mediation should be more than an afterthought. This collaborative method allows both parties to engage in open dialogue and work towards an amicable solution. Here are some reasons why you should opt for mediation:

• Saves Time

  Court proceedings can be long and arduous, whereas mediation can potentially resolve disputes in a matter of weeks, saving you time and stress.

• Cost-effective

  Mediation does not involve legal costs or significant court fees, requiring fewer resources than a litigated divorce.

• Confidentiality

  Mediation is held privately, so none of your family’s sensitive information goes on public record or can be used as evidence in court

• Greater Control

  Unlike a traditional divorce, where the judge imposes decisions, mediation accords greater control to both parties to decide an outcome that suits their specific needs.

• Amicable Process

  Mediation achieves an outcome through communication and cooperation, helping you and your spouse to maintain a healthy relationship post-divorce. This is especially beneficial for co-parents and children.

At Jos Family Law, our skilled mediators are committed to guiding you through the process with compassion and expertise. Rest assured, we’ll help you find a resolution that works for you and your family.

Preparing for your First Mediation Session

If you have chosen mediation to resolve marital disputes, congratulations, you have taken the first step toward a peaceful resolution. Follow the tips below to prepare and make the most of your first mediation session:

• Gather Necessary Documents

  Gather all relevant documents beforehand to ensure a productive session. This includes financial records, bank statements, tax returns, property deeds, investment portfolios, etc.

• Seek Legal Counsel

  While mediation does not require attorneys on either side, it is essential to seek independent counsel from an experienced attorney. They will help you understand your rights, propose favorable terms in the agreement, and ensure your interests are secured in the final arrangement. In addition, having a competent attorney by your side will give you the confidence to tackle the process effectively.

• Identify Personal Goals

  Reflect on your interests and goals before the first session. Understand what you want regarding child custody, child support, alimony, and property division. Identifying your needs and concerns will keep you focused during the discussions.

• Prepare Questions

  Compile a list of concerns and questions you want addressed during the session. Consider how custody will be divided, the assets you want to retain, whether you require support and other specific concerns you may have.

• Keep Emotions in Check

  Divorce is a sensitive issue, and it's crucial to maintain your calm and composure during mediation. Managing negative emotions like anger, sadness, or frustration will prevent emotional outbursts and conflict that can derail the whole process. If you are finding it difficult to manage emotions during this time, seek support from friends, family, or even a professional therapist.

• Be Flexible

  Mediation is the art of compromise. It doesn’t work for couples who aren’t flexible or willing to compromise. Be mentally prepared to compromise and reach a middle ground on issues you and your spouse disagree on. Remember, the goal of mediation is to achieve a mutually favorable outcome, and being flexible is vital to obtaining a resolution.

• Maintain Realistic Expectations

  Even though you have more control over the outcome in mediation than in litigation, it is wise to maintain realistic expectations. Mediation will not resolve all issues favorably towards you. For instance, if you expect your spouse to forego their custody or visitation rights, there’s a high chance mediation will fail. If you cannot resolve some issues, be prepared for court proceedings.

Step-by-step Divorce Mediation Process in Orange County, CA

While the nature of the mediation process may vary as per the parties, facts, and issues, it follows a relatively straightforward format as compared to litigation, which has multiple moving parts and various unknowns.

• Step 1. Introductory Remarks

  The mediator establishes the ground rules for mediation and explains how the sessions will be conducted.

• Step 2. Opening Statements:

  Next, both participants present their sides uninterrupted for the mediator to understand the prevailing differences.

• Step 3. Gathering Information

  The mediator will ask you and your spouse questions on specific issues. This will help the mediator paint a clear picture of the pain, stress, frustrations, and expectations of both parties, allowing the identification of common grounds that can simplify the process.

• Step 4. Negotiation

  In this step, the mediator will facilitate communication and help both parties bargain. As the discussions get deeper, your priorities may change. This will encourage a give-and-take process based on what’s important for both parties.

• Step 5. Agreement

  Once all issues have been resolved, a divorce agreement will be drafted, signed by both parties and notarized. It will become a legally binding agreement, ultimately filed in court and incorporated into the divorce decree.

How Mediation Differs From Traditional Divorce Litigation

Unlike a litigated divorce, mediation is a cooperative and non-adversarial alternative to dissolve a marriage. It does not involve the combative nature of courtroom proceedings. Key differences include:

• Privacy

  What happens in mediation stays in mediation. All sessions are private, and no private information goes on public record.

• Control

  Mediation gives both parties more control over the process.

• Cooperation

  It serves as a blueprint for the parties to resolve future disputes by equipping them with conflict-resolution skills.

• Time & Cost-effective

  Mediation can resolve disputes more quickly and cost-efficiently than litigated divorces.

Instances Where Mediation Fail

Mediation may not always be able to offer a way forward. It may not be right for couples in the following situations:

• Domestic Violence

  Mediation shouldn’t be considered if one spouse is abusive or poses safety threats to the other or the children. In such cases, you should seek legal guidance for a high-conflict divorce.

• Bad Faith

  If a spouse enters into mediation in bad faith, lies, or attempts to delay the process or deceive the mediator, a traditionally litigated divorce may be the best way forward.

• Fault

  Individuals claiming fault of their spouse may not be a conducive candidate for mediation. They may already be prepared for court litigation, making mediation more challenging.

• Distrust

  If there’s distrust between the spouses, such as one spouse having a history of hiding assets or cheating, a litigated divorce may be better suited to their situation.

Jos Family Law - A Dependable Place to Turn in Troubled Times

The Orange County divorce mediation attorney at the Law Offices of Jos Family Law has extensive experience handling all facets of family law matters, including divorce, mediation, child custody, father rights, division of property and debts, spousal support (also known as alimony), and more. Contact Jos Family Law today to schedule your initial consultation.

Our office is conveniently located & we offer flexible hours so that you can find the time that best fits your schedule. We take pride in our client-centered approach, which means that we will work with you to ensure your needs are met from start to finish. Schedule an appointment today!

Call (714) 733-7066 to schedule a consultation with our attorneys to discuss your options.