Divorce and Mediation Under California Law
While California family law only requires mediation under some circumstances, many spouses going through divorce may benefit from meeting with a mediator or participating in other alternative dispute-resolution methods.
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Law
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The California Courts Self-Help Center suggests that a couple meet with a private mediator to negotiate the terms of their divorce. When the couple's divorce does not include legal issues related to children, the couple may choose whether to attend. When parents divorce, however, the court will require them to attend mediation at family court services if they cannot cooperatively agree on a parenting plan to determine child custody and visitation.
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During mediation, the couple meets with a neutral third party who listens to both spouses, facilitates discussion, suggests ways to compromise and helps spouses to work toward settlement on contested issues. Family court mediators are often social workers or counselors, and private mediators may come from a variety of professional backgrounds.
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Alternatives
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Available alternatives to divorce mediation include collaborative law. During collaborative law sessions, both spouses can participate with the help of attorneys and divorce experts, instead of only working with one neutral mediator. The group works to resolve the divorce without requiring extensive litigation. The attorneys cannot represent either spouse, however, if alternative dispute resolution efforts fail and the divorce goes to trial.
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References
- California Courts Self-Help Center: Help With a Contested Case for Divorce, Legal Separation or Annulment
- California Courts Self-Help Center: Child Custody Mediation: Focus on the Child's Needs
- DivorceNet: California Divorce Mediation FAQ's
- Academy for Collaborative Practice: Collaborative Family Law---Part I
Resources
- Photo Credit couple fight image by Allen Penton from Fotolia.com
