What is divorce mediation and why should you consider it instead of going to court for full-blown litigation? Often in divorce court, mediation is directed by the judge as a first step in settling a dispute over property and assets and with issues involving child custody. Why? Simple, because it makes sense to do so, and it frees up court time to process other cases.
It’s also a lot less costly to both parties hiring lawyers which take its toll on the same assets in dispute. After all, if the law firms representing each party ends up with the lion’s share of the proceeds after dividing up the assets who is really the winner?
Although a judge may order mediation, generally speaking in California, it is only necessary when there is a dispute involving child custody. If there is no dispute over the children then each party may agree to an amicable and peaceful settlement, the judge, of course, must approve the settlement. Since childhood custody cases can lead to unfortunate conflict and potential harm to the children physically and emotionally, divorce mediation is required.
How much does divorce mediation cost? Well, that depends on the circumstances, but you should expect to pay at least $2500 or more. The more complex the divorce, the more costly it will be. When there is real property involved, children involved, and other assets that must be divided or negotiated, it can cost much more. Often you can ask for a flat fee, especially if you are dealing with a full-service mediation firm.
You can expect divorce mitigation to take a few two-hour mediation sessions, perhaps over 30 to 60-days. If your divorce involves lots of assets and a lot of animosities, ill-will, and children it can take four to six months or more. Complex cases do take much longer and cost much more to mediate.
What happens first? First, you must disclose all of your assets and their whereabouts, all your debts, income, and expenses. Next, you will mediate and agree to the divorce terms, and dividing of joint property or marital assets. You will also agree to child and spousal support if any.
The mediator will put it all in writing, and make a draft stipulated judgment along with the required court forms and documents for you to review. Once you sign it, this agreement will come to court with you for the judge to see and approve or not approve.
If you cannot come to an agreement, you will go back to court and ask the judge to allow litigation, but do not be surprised if the judge orders you back to mediation and then back to court for another date to tell of your new progress. Divorce mediation is a great tool to prevent costly and unnecessary litigation. This is why the courts favor it as an efficient way to proceed.
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