Going through a divorce can be a stressful experience for everyone involved. Fortunately, not all divorce proceedings have to end up in court. Mediation, also known as Dispute Resolution, is an alternative divorce process that is designed with the intention of reducing costs, time, and the contentious nature of traditional divorce.
Mediation is a voluntary process where parties use a trained third-party mediator in order to reach agreements about property division, child custody and other important matters related to their divorce. It is an option for people who believe they can still communicate with their spouse and make important decisions, with the help of a California mediator, about the terms of their divorce.
Preparing for Mediation
If you are considering using mediation for your divorce, there are a few things you should know. Firstly, it’s important to prepare for your mediation. Be sure to write down everything you want to cover and just like you would do with a traditional court case, create a case road map to assist you throughout the mediation.
Your road map should do the following:
- Identify critical issues. Make a list of the issues you consider to be the most important in the divorce, especially issues you expect to be contentious.
- Analyze and prepare important documents. Make sure you’ve prepared and organized the documents you need, such as bank statements, recent pay stubs, a listing of your assets and your marriage certificate.
- Prepare your presentation. Consider what information you will be disclosing to your mediator and spouse and plan your presentation accordingly.
- Look at the case objectively. This is easier said than done, but it helps to take a step back and try to look at your divorce from an outside perspective. What conclusions do you think a jury would make? Are there any weaknesses in your case?
- Prepare a case summary. Also known as a position statement, this is a confidential statement to the mediator that can include your ideas about what you believe would be a fair outcome for both parties and the criteria you’ll use to decide if a proposed agreement is fair.
Contact a mediation attorney in California
At Giuliano Law, we have over two decades of experience helping parties resolve divorce disputes. Whether it’s representing you in court or working with you and your spouse through collaborative divorce, we do everything in our power to protect your rights while advocating on your behalf. If you are going through a divorce in Hollister, Santa Clara, Santa Cruz, or Monterey County and want help, give us a call today at (831) 372-4003 or contact us online.