FAQ

Divorce mediation in California is a cooperative and voluntary process where a neutral mediator assists divorcing couples in resolving their disputes and making informed decisions about various aspects of their divorce, including property division, child custody, and support. The mediator facilitates discussions, helps identify issues, and encourages open communication to reach mutually agreeable solutions.

Mediation is a collaborative and non-adversarial approach to divorce, where couples work together with a mediator to find solutions. Litigation involves going to court and having a judge make decisions for the couple. Mediation is typically faster, less costly, and allows for more flexibility in crafting agreements compared to litigation.

While it’s not required to have an attorney during mediation, it can be helpful to consult with an attorney for legal advice or to review the final agreement before signing. Mediators provide legal information, but they do not provide legal representation.

Mediation can be effective in high-conflict cases, as it provides a structured and facilitated environment for constructive communication. However, in cases involving domestic violence or where one party refuses to cooperate, litigation may be necessary for protection and resolution.

The duration of mediation varies depending on the complexity of the issues, the level of cooperation between the parties, and the number of sessions needed. Some mediations can be resolved in a few sessions, while others may take several months.

If you cannot reach an agreement in mediation, you still have the option to pursue litigation in court. The mediator does not have the authority to make binding decisions; their role is to facilitate discussions and assist in reaching voluntary agreements.

Yes, mediation sessions are confidential in California. Information shared during mediation is generally not admissible in court, and the mediator is bound by ethical standards to maintain confidentiality.

In California mediation, child custody and visitation arrangements are determined based on the best interests of the child. Parents work together to create a parenting plan that considers the child’s age, needs, and preferences, as well as factors like school schedules and extracurricular activities.

Yes, mediation can be used to modify existing divorce agreements in California. If both parties are willing to revisit and amend the terms, a mediator can assist in making modifications that reflect changed circumstances or new agreements.

The cost of divorce mediation in California varies depending on factors such as the complexity of the issues, the number of sessions required, and the mediator’s fees. Mediation is generally more cost-effective than litigation, and the total cost can often be significantly lower.

At Lass Mediation, we understand that divorce mediation can raise many questions and concerns. Our experienced mediators are here to provide you with the information and guidance you need to make informed decisions about your divorce. If you have additional questions or would like to schedule a consultation, please don’t hesitate to reach out to us. We’re here to assist you.

Yes, you can still choose mediation even if you have already filed for divorce. Mediation can help you work through the various issues involved in your divorce, even if the legal process has already begun. Many couples turn to mediation to find more amicable solutions and avoid prolonged litigation.

Yes, the agreements reached in mediation can be legally binding in California. Once both parties agree to the terms and sign the agreement, it can be submitted to the court for approval. Once approved by the court, the agreement becomes a legally enforceable court order.

Yes, mediation can address spousal support and alimony. Mediators can help both parties reach agreements on the duration and amount of spousal support, considering factors such as income, financial needs, and the length of the marriage.

If your spouse is uncooperative or refuses to participate in mediation, you can explore other legal avenues. However, it’s often helpful to discuss the benefits of mediation and encourage them to reconsider. In some cases, they may be open to participating after learning about the advantages.

You can typically bring a support person or advocate to mediation sessions in California with the mediator’s approval. This person can provide emotional support and guidance but should not disrupt the mediation process.

In California mediation, property and asset division are determined based on community property laws. Mediators help couples identify and value assets, then work together to find equitable solutions for dividing them, taking into account each party’s contributions and financial needs.

Child support can be discussed and determined in mediation in California. Child support calculations are typically based on the state’s child support guidelines, which consider factors like income, custody arrangements, and the child’s needs.

If you have concerns about safety due to domestic violence issues, it’s crucial to prioritize your safety first. Mediation may not be suitable in such cases. Consider seeking a protective order and consult with an attorney to explore legal options that ensure your safety.

Yes, mediation can be used to address post-divorce co-parenting issues in California. Mediators can assist in resolving disputes or modifying parenting plans to better suit changing circumstances or the child’s evolving needs.

To find a qualified mediator in California, consider seeking referrals from trusted sources, such as attorneys, friends, or family who have experience with mediation. Research mediators’ backgrounds, certifications, and experience to ensure they are well-suited to your specific needs. Lass Mediation, with over 40 years of experience, is a trusted choice for divorce mediation in California, and we are here to assist you throughout the process.

It’s normal to encounter disagreements during mediation. Mediators are skilled at helping couples work through these issues. If a resolution cannot be reached on a particular matter, it may be necessary to consult with attorneys or consider other dispute resolution methods.

Yes, mediation can provide emotional support by fostering open communication and cooperation. While mediators are not therapists, they create a safe environment for discussing emotions and concerns, helping couples navigate the emotional aspects of divorce more effectively.

Children’s education and extracurricular activities are important considerations during mediation. Parents can work together to develop a parenting plan that addresses school schedules, transportation, and how to continue supporting their children’s extracurricular activities.

Yes, mediation is suitable for same-sex divorces in California. The state recognizes same-sex marriages, and the mediation process is the same as for opposite-sex couples, addressing issues such as property division, child custody, and support.

If you need legal advice during mediation, you can consult with an attorney outside of the mediation sessions. Attorneys can provide guidance on legal matters, review agreements, and ensure your rights are protected while you navigate the mediation process.