What is “Mediation”?
“Mediation” is a process in which a neutral person, the mediator, facilitates communication between spouses in order to assist them in reaching a mutually acceptable agreement. Evid. Code §1115(a). A “neutral person” is one who lacks decision making authority.
Mediation Services Offered
Divorce310 offers two distinct mediation services: (1) David Weber is not the mediator, rather he represents one spouse during mediation. The other spouse may either be self-represented or represented by an attorney. The spouses select the mediator. (2) David Weber is the mediator and does not represent either spouse.
When Should Spouses Choose Mediation?
Spouses should choose mediation when they don’t want to go to court, are committed to communicating with each other, and believe they can reach a mutually acceptable agreement regarding all issues. If there’s a realistic possibility that mediation might work, it’s likely worth a try.
Which Issues May Be Agreed Upon During Mediation?
Spousal support, child custody, child support, division of assets and debts, and any other issues may be resolved during mediation. The law is that child support and child custody may always be later modified by a court, even if spouses agree on custody and support during mediation. Spousal support may be immediately terminated by agreement, or the spouses may agree to permit future modification or termination of spousal support.
What Happens After a Successful Mediation?
Divorce310 will file a judgment packet including the signed settlement agreement, a Judge will sign off on it, and the divorce process is complete. A minimum of six months must pass from the date the Petition and Summons is served on the Respondent, or the date the Respondent first appears in court, whichever occurs first. Cal. Fam Code §2339(a).
What happens after an Unsuccessful Mediation?
An unsuccessful mediation is one that does not result in agreement on any issue. Presumably, the spouses exchanged their viewpoints during the mediation, which may help them to reach an agreement in the future.
Is Mediation Confidential?
Communications made in preparation for and during mediation are confidential (unless both spouses agree to waive confidentiality), which means that neither spouse may use as evidence statements made by the other spouse during mediation. This rule of evidence intends to encourage open and honest communication between spouses and promote settlement.