Orange County Divorce Mediation Lawyer

Dedicated Orange County Divorce Mediation Attorney

Divorce mediation is a viable option to help many families in California save time, money, and frustration by reducing or eliminating the need for court dates in busy family courts. If you are considering a divorce or are already in the divorce process, a qualified Orange County divorce mediation lawyer can help you decide if mediation is a good choice to help your family resolve disputes fairly and amicably.

The legal team here at Creative Family Solutions, Cianci Law, PC, believes in the power of mediation and has often seen the benefits in successful outcomes. Our skilled mediator can facilitate your divorce dispute resolution, and our experienced attorneys can represent you and act as counsel with other mediators. Our goal is always to make sure each client receives a fair agreement and that their rights are preserved in the process.

Let’s work together toward a solution. Call us today to get started.

Divorce Mediation in California

Divorce mediation, which California calls dissolution of marriage, allows spouses to resolve disputes without going to court. Instead, it uses constructive discussion led by a confidential mediator, who is a neutral third-party professional with training in conflict resolution and family law. Mediation offers key benefits at different times in the process of dissolving the marriage. Some of the ways mediation can help at various points include:

• Before the divorce. Mediation can speed up the divorce process, which can be long and arduous, by avoiding court dates that can often mean a long wait.
• During the divorce. Sometimes, the divorce process starts out relatively uncomplicated, and then disputes arise as information becomes available, such as debts or assets one spouse was not aware of.
• After the divorce. Mediation is often used when modifications need to be made to court orders for issues such as alimony. Utilizing mediation in these situations can save money and time compared to going to court.

Some couples choose to work through their conflicts in private mediation. But in some cases, mediation may be ordered by the court. For example, California requires mediation in cases where a parent seeks a court order for child custody or visitation.

When mediation is court-ordered, you can be appointed a mediator, or if both spouses agree, you can choose a private child custody mediator. Mediators can also be used on their own or in conjunction with Orange County divorce attorneys.

Who Is a Good Candidate for Divorce Mediation?

The first step is to determine whether you are a good candidate for divorce mediation. Spouses who are successful with mediation are willing to communicate and compromise, and they usually have fewer disagreements about the various aspects of divorce. Factors that can influence whether divorce mediation could be a suitable option for you and your spouse include:

Power Dynamics

A skilled mediator can help you address power imbalances that could occur during the divorce mediation process. However, if one spouse has significantly more experience with negotiation than the other or has an unhealthy amount of control over the other spouse, mediation can lead to unfair settlement agreements. You may want to hire a separate lawyer to protect your rights and interests if you believe there is a power imbalance in your relationship.

Financial Transparency

For mediation to be successful, both parties must understand the family finances accurately. To that end, mediation uses the same Preliminary and Final Declarations of Disclosure as those found in traditional court litigation. You may be able to waive the Final Declaration of Disclosure with the consent of your spouse, but the Preliminary Declaration is mandatory.

Unfortunately, these Declarations are only effective if both spouses exercise full transparency. If one spouse may be hiding assets, divorce mediation is probably not the right option. The spouse who suspects financial infidelity should work with an attorney to find hidden assets and make sure they get a fair share of the marital property, which may require litigation.

Ability to Compromise

In some divorces, one or both spouses see the divorce as a contest that needs to be won. That’s not a productive attitude to take into mediation. For mediation to work, you and your spouse must both abandon the psychological need to win and be willing to accept a reasonable compromise. In a successful mediation, both spouses walk away with some of what they want instead of one person getting everything and the other nothing.

Compliance and Other Issues

If there is a spouse who may not comply with the mediation results or there is a history of abuse or domestic violence, mediation may not be a good choice. You may want to hire a divorce lawyer to represent you and move forward with a contested divorce at the Lamoreaux Justice Center.

The Divorce Mediation Process

It is important to work with a mediator who is qualified and has experience in divorce and related issues. Most jurisdictions have a list of court-approved mediators. Once you hire a mediator, you and your ex will attend meetings with them to identify goals, find equitable solutions, and draft legal paperwork for the agreement. The number of required meetings depends on how many issues there are and how difficult it is to come to an agreement on them.

Some of the issues mediation can help settle include the division of marital assets and debts, spousal support, child custody, visitation, and child support. You will need to bring documentation regarding income, investments, property, and other financial accounts. Once you reach an agreement and both spouses sign, a judge has to sign off on it. It is important to note that there may still be other forms and paperwork that need to be filed to finalize the divorce.

Why Hire a Divorce Mediation Lawyer?

In 2022, California had a low adjusted divorce rate of 12.40 divorces per 1,000 married women, with many of these divorcing couples using mediation as a means of resolving disputes regarding child custody and other contentious issues. One study found that 71% of parents who used mediation reached a settlement without going to court while cutting legal costs by 40-60% for uncontested or moderately contested cases.

If you plan to attempt an alternative dispute resolution in your divorce, you should hire a divorce mediation lawyer right away. Your attorney can represent your rights and interests as you work through any issues that you and your spouse are having regarding the divorce. This provides you with the support you need to come up with a solution that works for both of you instead of leaving major decisions to a judge who doesn’t know you and your family.

What to Look For in a Divorce Mediator

Divorce mediation is not necessarily done by a licensed attorney, so it is very important to make sure your mediator has experience and appropriate qualifications, which vary by jurisdiction. In Orange County, mediator qualifications may include an advanced degree in a related field, such as psychology, social work, counseling, or law, and training in family law, conflict resolution, negotiation, and mediation techniques.

FAQs

How Much Does Divorce Mediation Cost in California?

The cost of divorce mediation in Orange County, California varies based on several factors. First is whether the mediation is court-ordered. If so, you may be entitled to free or low-cost mediation services. The other factors are related to how many mediation sessions are needed, whether the mediator charges a flat or hourly rate, and the mediator’s location, experience, and reputation.

What Is the Downside of Divorce Mediation?

There are several downsides of divorce mediation. Although it can be a more affordable and faster way to resolve disputes, it can create an unequal power dynamic between spouses, leave you with limited legal guidance, and create the chance that no agreement will be made. If mediation falls through, the couple may have to restart the process with a lawyer, which can lead to additional time and costs.

What Should You Not Say During Mediation?

There are several things you should not say during mediation. In divorce mediation, it’s important to steer clear of blame, accusations, threatening remarks, or distractions that aren’t relevant. Instead, aim for constructive dialogue, a willingness to compromise, and a clear focus on the key issues you need to resolve. In addition, mediators do have a legal responsibility to report some crimes, like child abuse.

Should I See a Lawyer Before Mediation?

You should see a lawyer before mediation in some cases in Orange County. Lawyers are generally not required for divorce mediation, but because mediators are neutral, they can’t offer legal advice to either party. Having a lawyer on your side may be especially important if your spouse has a lawyer, one or both of you have significant assets or debts, or you believe your spouse is withholding financial or other important information.

Can I Have My Own Lawyer for a Divorce Mediation in California?

You can have your own lawyer for a divorce mediation in California. In fact, attorneys cannot represent both spouses at once, even in an amicable divorce. Your Orange County divorce mediation attorney can negotiate on your behalf and review the agreement to make sure that it is in line with your interests before you sign it. While a mediator acts as a neutral third party, your lawyer protects you by providing you with advice and advocating for your rights.

Contact Cianci Law, PC

Divorce mediation may not work for every family, but it can save time and money in many cases. If you think divorce mediation may be a good fit for you and your spouse, reach out to Cianci Law, PC, to schedule an initial consultation. Whether in divorce mediation, negotiating with your spouse’s attorney, or representing you at trial, we are here to make sure you and your family get the most favorable outcome possible.

Orange County Divorce Mediation Lawyer Reviews

Orange County Divorce Mediation Resources:

• Bifurcation In A California Divorce
• Status Conference In An Orange County Divorce
• Divorce Mediation Vs Litigation In Orange County
• Top 2 Reasons Mediation Works for Those Facing a Gray Divorce
• What To Expect At Your First Divorce Consultation in Orange County
• Divorce Mediation Checklist: How to Prepare for Your Mediation Session