FREQUENTLY ASKED QUESTIONS

Mediation is a voluntary and confidential third-party, the mediator, helps couples reach a final divorce settlement agreement. During mediation, the mediator will help the couple come to agreement about various issues in their divorce, such as child custody, spousal support property division and debt allocation.

WHAT IS MEDIATION?

WHAT ARE THE BENEFITS OF MEDIATION?

Couples choose mediation for many reasons. When couples come to agreement about their divorcee through mediation, they find they are more likely to follow the terms of the agreement than they would court-imposed orders. In mediation, the couple decides how they will move forward with regard to their property and children, rather than leaving important decisions up to a judge.

  • Even when parties consult with independent attorneys during mediation, mediation costs much less emotionally and financially than litigating in a courtroom. Litigation costs add up quickly and some litigated cases take years to complete.

  • Couples who mediate report having a more cooperative relationship after the divorce which not only benefits the couple, but also the children fare much better when parents cooperate through mediation. Mediation minimizes conflict.

  • Mediation allows the couple the opportunity to develop flexible, creative, and economically beneficial and unique agreements. Mediation offers the couple control over the outcome and terms of their agreement rather unlike going to court where a judge may impose a one-size-fits-all decision,

  • Mediation is completely private and discussions that occur during mediation are confidential so the couple’s issues stay out of the public courtroom.

ARE WE GOOD CANDIDATES FOR MEDIATION?

IN GENERAL, COUPLES DO WELL IN MEDIATION IF THEY:

  1. Generally trust each other;

  2. Are both ready to end the marriage;

  3. Are both willing to work together to resolve the issues;

  4. ARE BOTH WILLING TO LET THE OTHER SIDE HAVE 51% & NEITHER IS OBSESSED WITH WINNING;

  5. Have essentially equal power & CONTROL in the relationship; and

  6. Have essentially equal access to and knowledge of the finances or the ability to obtain it

WHEN IS MEDIATION NOT THE BEST OPTION?

  • High conflict situations, where there is a history of domestic violence or an unwillingness to cooperate, the mediation process may not be successful.

  • If there is a lack of transparency, where on spouse is unwilling to disclose financial information, mediation may not be effective.

WHERE DO MEDIATION SESSIONS OCCUR?

Typically Corey offers mediation online via Zoom. If a couple prefers to meet in person, mediation sessions will occur in Agoura Hills, California. The client will be responsible for additional costs incurred for securing a conference room.

WHAT HAPPENS IF I CHANGE MY MIIND AFTER WE REACH AGREEMENT?

Once you reach an agreement a Marital Settlement Agreement will be drafted and filed and approved by a judge. Once a judge has approved the Marital Settlement Agreement, it is legally binding. It is important to have your attorney review the agreement once it has been reached and before drafting of the Marital Settlement Agreement.

Once entered, your agreement can only be modified under specific circumstances, such as a meaningful change in circumstances or if both parties agree to the modification. Under these circumstances you need to seek counsel of an attorney.

ARE THERE GROUND RULES IN MEDIATION?

While there is no standardized set of rules for mediation sessions and the mediation process, Corey abides by the following ground rules:

  • Mediators are neutral. Corey does not work for either of you as a therapist or lawyer in connection with any of the matters arising in the mediation at a later time, nor is Corey able to be a witness for either of you unless both consent and she feels that it was in the best interest of the parties to do so. In her role as mediator, Corey will act as an impartial person and facilitate the negotiation process. She may point out unproductive communication patterns, suggest various options to the parties, clarify statements made by either of you, help point out errors of disagreement and agreement, draft the agreement, and comment about the process. 

  • Meditation is voluntary. Cooperating with the mediation process is voluntary, and nothing binding happens in a mediation process until after an agreement has been reached and drafted by the mediator and then filed with the court. 

  • Mediation involves good faith negotiations. Both parties should agree that this is a good faith negotiation which means that you come to the mediation willing to work towards mutual agreement. In addition, any statements made by either party would be inadmissible as evidence against the other. The basis for this is to allow you to say whatever you would like without legal representation.