FREQUENTLY ASKED QUESTIONS

Divorce mediation is a voluntary and confidential process where a 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 DIVORCE MEDIATION?

WHAT ARE THE BENEFITS OF DIVORCE MEDIATION?

Couples choose divorce 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 divorce 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 DIVORCE MEDIATION?

IN GENERAL, COUPLES DO WELL IN DIVORCE 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 and control in the relationship; and

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

WHEN IS DIVORCE 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?

I offer mediation online via Zoom.

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

Mediation gives you the opportunity to carefully consider and discuss the terms of your agreement before finalizing anything. If you reconsider an issue while you are still negotiating, you can bring it back into mediation for further discussion.

Once you both sign your Marital Settlement Agreement, however, the Agreement is intended to be binding. Changing your mind after signing does not, by itself, undo the Agreement.

Once signed by both parties, the Marital Settlement Agreement is submitted to the court and incorporated into your Judgment. Once Judgment is entered, some provisions, such as child custody, child support, and certain spousal support provisions, may be modified under appropriate circumstances. Other provisions, particularly those involving the division of property, are generally final.

If you wish to change or challenge an Agreement after it has been signed, you should consult with an independent attorney regarding your legal rights and options.

ARE THERE GROUND RULES IN DIVORCE MEDIATION?

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

  • Divorce mediators are neutral. I do not represent either of you as a therapist or lawyer in connection with any of the matters arising in the mediation. I am not able to be a witness for either of you in future litigation unless you and your spouse consent, and I feel that it is in the best interest of both parties to do so. In my role as mediator, I will act as an impartial person and facilitate the negotiation process. I may point out unproductive communication patterns, suggest options to you and your spouse, clarify statements made by either of you, help identify errors in disagreement and agreement, draft the agreement, and comment on the process. 

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

  • Divorce mediation involves good faith negotiations. Both you and your spouse 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 you or your spouse would be inadmissible as evidence against the other. This is to allow you to say whatever you like without worrying that what you say may be used in later court proceedings.

HOW MUCH DOES DIVORCE MEDIATION COST?

The average cost of divorce in California is $17,500 per spouse for a total of $35,000. Divorce mediation typically costs between $5,000 and $12,000, with more complicated cases costing much more. Mediators who are also attorneys charge up to $950 per hour.

I offer FLAT-FEE DIVORCE MEDIATION for $6,000. The flat fee includes completing and filing all court documents, up to 10 hours of online mediation sessions, and drafting and filing the Marital Settlement Agreement and all judgment-related documents. Mediations requiring more than 10 hours are charged at an hourly rate of $400 per hour for the extra mediation time. Mediation sessions occur online. Filing fees and costs are not included in the flat fee.

Often issues arise that require specific expertise from Certified Financial Analysts, tax accountants, real estate professionals, or consulting lawyers. I have a network of trusted professionals I am happy to refer you to. Those costs are not included in the flat fee.

For more information about flat-fee divorce mediation, please use the contact form on this website or call (310) 486-8842.