What is the role of a mediator in a San Diego divorce case? When should the parties consider mediation as part of the process of their divorce? Divorce is a complex process which affects every aspect of each former spouse’s life including finances, parenting and child-raising, business ownership, and even retirement. In order to complete the process of a divorce every aspect associated with the divorce must be completely resolved, one way or another. A mediator is an neutral third party who is almost always an expert in negotiation as well as California Family Law. The mediator works with and between the parties to help to identify potential options and ultimately seek agreement.
It is natural for the parties to have genuine and principled disagreement on many issues during a divorce. In other cases, there may be complicating factors such as Narcissism, bi-polar disorder, borderline personality disorder of simply vindictive behavior which make it challenging for the parties to resolve areas of disagreement. It is important to understand this fundamental truth about San Diego divorce:
The cost of your divorce and the time required to complete it are directly related to the amount of disagreement between you and your former spouse and your ability to resolve every issue associated with your divorce.
The role of a mediator in a San Diego divorce is to create a safe, productive and confidential environment and to work with the parties to identify areas of disagreement, develop available options and work with the parties to reach agreement or “settlement” of any or all issues.
San Diego divorce mediators can help to resolve areas of disagreement surrounding a variety of challenging issues, including but not limited to:
- Child custody and parenting time
- Child support
- Spousal support
- The division of community property
- Valuation and/or division of a business or professional practice
The parties may simply not have established good communications and problem solving skills. They may simply have principled disagreement on specific issues. If they cannot reach an agreement or settlement the Court will hear the matter(s) and render a decision.
The role of a mediator in a San Diego divorce is to help the parties to resolve part or all of the disagreements associated with their divorce in a private, confidential forum which is not published in the public record.