Mediation represents an effective alternative dispute resolution (ADR) option useful for speeding up the process of finalizing a divorce in California. When mediation works, each party retains their privacy, including personal and financial details, and leaves with a legal agreement. Navigating divorce mediation in Orange County successfully means reducing the cost and emotional toll of divorce.
Hire a Mediation Lawyer
Hire a mediation lawyer to help simplify the divorce process and ensure all procedures and court requirements are met. Don’t make the mistake of only filing the initial paperwork to get a divorce judgment; the entire divorce process requires several court documents, fees, and forms in Orange County, California. When you hire a mediation attorney, you also get an advocate fighting for your rights and interests.
The divorce process takes time and is often difficult, costly, and stressful. It involves dividing property and assets while also creating a child custody agreement if necessary. If you hire a mediation lawyer, you get an advocate who represents your interests. Dorie A. Rogers, APC, uses her mediation skills combined with her 30 years of California family law experience to make sure your interests are valued and respected.
Divorce and Mediation in Orange County, California
California divorce rates for women have decreased in the past ten years from 8.2 to 5.9 per 1000 women. For couples considering divorce in California, one party must have lived in the state for 6 months and in the county of residence for a minimum of 3 months. There is also a required waiting period of 6 months. You’re looking at a process that takes anywhere from 6 months to a year or more to complete.
The goal of using mediation is to allow couples seeking a divorce to save both time and money by coming to an agreement through mediation. A mediation attorney can help you go through the divorce process in California. The 2024 Judicial Council Court Statistics Report shows that in divorce cases, 99% reach a settlement through mediation.
Orange County mediation laws only require mediation when a child custody agreement cannot be negotiated successfully. Using it to negotiate the terms of a divorce helps not only speed up the process but also reduce the cost and stress from litigation in court. Divorce mediation helps ensure both parties are represented fairly and agree to all terms.
Navigating Divorce Mediation in Orange County
Mediation is a confidential dispute resolution forum or process that enables the family involved to create their own legal Marital Settlement Agreement. Advantages of using mediation over litigation in court include:
- Maintains privacy
- Reduce the emotional burden of a court process
- Preserve family relationships
- The opportunity to devise a creative solution or agreement for mutual benefit
- Reduces cost and time to complete a divorce
Divorce mediation is not required in California, unless the parties cannot reach an agreement on child custody. The value of mediation is in the ability to discuss and reach a legally binding agreement that benefits both parties without having to go through public divorce court proceedings.
Mediation is part of California and Orange County’s efforts to provide alternative dispute resolution (ADR) options to manage legal issues outside the courthouse.
What Happens in Mediation Cases
During a mediation, each party is present with a legal representative or lawyer. The mediator is a neutral party responsible for helping both sides reach a mutual agreement. Participants must be prepared to state their own position and to listen carefully to the other side. It’s in both parties’ interests to remain factual, civil, and operate with mutual respect.
Each participant signs a confidentiality agreement and then presents their opening statement that details what they want in the agreement. Mediators can ask questions and guide each party to a mutually beneficial and legal solution. Each party may discuss privately with a mediator to ensure clarity. Once a final agreement is reached, the mediation ends successfully with a legally binding Marriage Settlement Agreement.
FAQs
What Happens if Divorce Mediation Doesn’t Work?
When divorce mediation fails to reach an agreement, then either party can request a court hearing. The court then decides on property division and child custody. With the help of your attorney, they can guide you through additional alternative dispute resolution options or prepare your case for litigation. Following your attorney’s advice can help protect you throughout the process.
What Are the Next Steps if Your Divorce Mediation Fails?
The next steps if your divorce mediation fails are to transfer to litigation. The process includes a Case Management Conference review, a discovery process, and the exchange of financial records and other evidence. The court creates temporary child custody, support, or property control orders as needed, and then a court trial to determine the final agreement by a family law judge. If mediation is unsuccessful, your attorney will guide you through your next steps.
What Is the Golden Rule of Mediation?
The Golden Rule of Mediation is to treat others as you would like to be treated. The Golden Rule includes operating with good faith in reaching an equitable settlement. Each party must operate to bargain in good faith and with mutual respect. In other words, you must be respectful, factual, and work amicably towards reaching a mutually beneficial marriage settlement agreement.
When Should You Walk Away From Mediation?
There are several reasons you should walk away from a divorce mediation. These include if you feel there is a significant power imbalance between parties, if domestic violence has occurred in the past or is threatened during mediation, if you don’t trust the other party or have reasons to believe records are inaccurate, or when you cannot see any way to reach a mutual agreement. Follow your attorney’s guidance through the process.
Orange County Divorce Mediation Lawyer
A skilled mediation attorney knows how to create a plan that works for both parties. Mediation can help fast-track your divorce and reduce stress and cost. If mediation fails, then the family law attorneys at Dorie A. Rogers can help move your case to litigation. Contact Dorie A. Rogers, APC, today to schedule your initial consultation.
