Beverly Hills Mediation Lawyers

Preparing for a More Collaborative Divorce Process

Family law issues can be some of the court system’s most contentious and emotionally charged cases. While many assume that going through the full hearing and trial process is the only way to resolve these issues, another option exists. Mediation is an alternative approach that can be entered into voluntarily or may be required by a judge before a custody dispute can head to trial. Understanding how mediation works and its benefits can help you prepare for this step.

If you have questions about mediation or want to learn more about how this process works, the legal team at Baron Family Law, PC, is here to help. Call our Beverly Hills office today at 916-694-1164 to find out how our family law lawyers can represent you through mediation, and how to protect your rights and interests during the process.

What Is Mediation?

Mediation is a collaborative process that those divorcing or going through custody disputes can either choose to use or be ordered to use by the courts. In mediation, a neutral third party acts as an impartial mediator, helping the parties negotiate common family law issues, including everything from property division to custody and parenting plans. Both parties have separate legal representation to ensure they understand their rights and the full ramifications of the agreement on any terms. Mediation involves a great deal of collaboration and compromise, and an attorney can help you keep your focus on the bigger picture and moving forward.

An essential distinction between mediation and the traditional family court process is that the mediator doesn’t make any decisions like a judge does in court. Instead, they help the parties come to an agreement that is then reviewed by the judge and made into a court order.

Is Mediation Required for Family Law Cases in Los Angeles County?

California law generally requires that parents attempt mediation before proceeding with a trial if there is a dispute about custody or parenting time. There can be some exceptions, such as if the judge believes one party would be in danger by going through mediation. However, some accommodations can be made, such as having the parties go through separate sessions with the mediator, to ensure they can safely participate in the process.

When it comes to other family law matters, such as property division or financial issues, mediation is optional rather than required. Families can choose to use it if they believe sitting down with a mediator may help them reach an agreement. If the judge believes the result is fair and in line with California law, they can make it a legally binding court order.

What Are the Benefits of the Divorce Mediation Process?

Mediation offers families a path to resolve issues without going through the adversarial trial process. Instead of waiting for a judge to decide how often you see your child or who will have decision-making authority, you and the other party can work with the mediator to create a fair agreement that works for your family’s needs. Some main benefits of using mediation for family law cases include the following.

Faster Resolution

A family law dispute can require multiple hearings to resolve, which can mean a lengthy legal process before you are presented with final orders. Mediation allows the parties to come together and resolve these issues much faster than the court docket generally allows. This can also help you get closure and start adjusting to your new normal as a family more quickly.

Less Adversarial Process

The trial process is adversarial in nature. There is a winning party and a losing party. Mediation flips this around and helps the parties come together to work toward a common goal of resolving the issues in a mutually beneficial agreement. This lower-conflict strategy can be especially helpful for divorcing spouses who must go on to work together as coparents. Avoiding a trial can also mean less stress on the children.

Allows the Parties to Maintain Control

One of the most unnerving parts about a divorce or custody trial is that a complete stranger is making some of the most important decisions about your family. Mediation allows you to maintain more control over the process. You can use creative problem-solving to come up with a parenting plan that fits your unique situation, and you have more flexibility when it comes to other terms, such as property division.

Increased Privacy Protections

Because mediation is a private proceeding, what’s discussed during mediation can’t usually be used in court, and it’s not part of the public record. Divorcing spouses with high net worths may also appreciate this aspect, as it ensures that important financial information remains private.

What Are Some Common Challenges During Mediation?

While mediation can offer many benefits, it’s not without its challenges. Being aware of the common pitfalls can help you work proactively to keep it a productive experience.

Emotional Conflicts

When you’re going through mediation, the wounds of your divorce may still be fresh. It can be difficult to work collaboratively with the other parent when you’re dealing with hurt or anger. This is especially true in child custody disputes, where you may be worried about losing the relationship with your child. Part of a mediator’s job is to identify when the conversation is getting heated and redirect everyone’s attention to the issues at hand. Your attorney will also help you stay focused on productive negotiations and reaching a fair settlement.

Lack of Information

Successful mediation requires transparency, and this can be difficult when someone intentionally withholds information or comes to the session unprepared. An attorney can help you identify what documents, such as financial disclosures or your child’s school schedule, are most important to ensure you can make informed decisions.

What Happens If Mediation Doesn’t Work?

Mediation works best when the parties are able to come into the situation with a collaborative focus and a willingness to compromise. However, this isn’t always possible, especially in situations involving required mediation for custody disputes. If the parties aren’t able to reach a complete agreement during the mediation process, any terms still being contested are dealt with in the family court system through a trial.

During these hearings, both parties will have a chance to present their arguments, including presenting evidence and bringing in witnesses to testify. The judge will make a decision based on these arguments and the evidence, and that decision must be based on the best interests of the child.

How Can a Mediation Lawyer in Beverly Hills Help?

Mediation is a critical step in the legal process, and it’s imperative to have experienced representation. You need to have a clear understanding of your rights under California law and what to expect from the process. If there are safety concerns, such as if there is a history of domestic violence, an attorney can help identify what safe options exist, whether that’s being separated during the mediation process or stipulating that custody exchanges will happen through a third party.

An attorney also plays an integral role in helping you come to a fair agreement. They represent you during the negotiations and will offer their perspective on where you should avoid being pressured and where there is more room for give and take.

Ensure you have legal representation you can trust as you navigate the mediation process. Call Baron Family Law, PC, at 916-694-1164 to make an appointment with a family law attorney to discuss our firm’s family court services.