Question 1

What is divorce mediation?

Accepted Answer

Divorce mediation is a private process in which a neutral professional helps spouses negotiate and resolve divorce-related issues without asking the court to decide them. Instead of a judge making decisions about your property, support, and children, you and your spouse work together with the mediator's guidance to reach your own agreements.

Question 2

Do we have to agree on everything before starting?

Accepted Answer

No. Mediation is specifically designed to help parties work through unresolved issues. If you already agreed on everything, you wouldn't need mediation. The process is built to take disagreement and move it toward resolution through structured discussion and informed negotiation.

Question 3

Is mediation only for friendly divorces?

Accepted Answer

No. Many couples use mediation even when communication is difficult. What matters most is a willingness to participate in the process. Mediation can work for high-conflict situations as long as both parties are committed to reaching an agreement rather than escalating the dispute.

Question 4

Can mediation address child custody and support?

Accepted Answer

Yes. Mediation can address parenting plans, custody schedules, child support, spousal support, and property division. In fact, most mediations involve multiple issues, and addressing them together often leads to more comprehensive and workable agreements.

Question 5

Do we still need to go to court?

Accepted Answer

Many mediated divorces can be finalized with minimal court involvement, though filings are still required. In California, certain paperwork must be submitted to the court to obtain a final judgment, but this is typically a straightforward administrative process rather than a contested hearing.

Question 6

Will you represent both of us?

Accepted Answer

In mediation, the role is to act as a neutral facilitator, not as litigation counsel for one side against the other. The mediator helps both parties reach agreement but does not advocate for either side. Parties may choose to consult with their own independent attorneys for legal advice.

Question 7

Is mediation confidential?

Accepted Answer

Generally, mediation is a private and confidential process, subject to applicable California law and appropriate exceptions. Unlike court proceedings, which are public record, what happens in mediation stays between the parties and the mediator.

Question 8

How long does mediation take?

Accepted Answer

That depends on the complexity of the issues, the level of conflict, and how prepared the parties are with necessary information. Some cases resolve in a few sessions over weeks; others require more time. However, mediation is almost always faster than contested litigation.

Question 9

Why use an attorney mediator?

Accepted Answer

An attorney mediator with substantial family law experience can better identify legal issues, practical risks, and settlement terms that may cause problems later if not addressed correctly. When you work with someone who understands how cases unfold in court, you benefit from that knowledge in crafting durable agreements.

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