Deciding to use mediation for your divorce can save you time and money. However, you need to make sure that you understand how the process works before you start.
According to the California Courts, mediation involves a neutral third-party who will assist you and your spouse in negotiations and discussions to reach an agreement on all the factors in your divorce.
The mediator
You should understand that the mediator does not represent either you or your spouse. He or she is completely neutral and impartial. The mediator will not make any decisions or rulings. He or she also cannot make you agree to anything.
Mediators are not judges and they will not take control over the mediation process. They will serve as a guide and keep things on track, but they will not tell you what to do.
Agreement
Agreement is essential in mediation. You must come to an agreement that you both approve to end mediation. If you do not agree on something, then you cannot put that in your final agreement.
You can use mediation to resolve some issues and then go to court to resolve the remaining issues. You do not have to come to an agreement on everything in mediation.
Voluntary
You do not have to use mediation. You can use other forms of alternative dispute resolution or you can choose to go to court and litigate your divorce. Mediation is just an option you have that can help you work together to reach resolutions about your divorce. It’s important that you both want to do it because mediation requires open communication and a commitment to the process.
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