Orange County Mediation Attorney
Alternatives to Traditional Divorce
Mediation is an option for people who want to seek negotiated separation agreements to their divorces, as opposed to litigated resolutions. Mediation is a possibility whenever the two parties have the ability to work together and communicate with each other openly. In this process, the two parties will meet with a mediator. The mediator's role is to help spouses resolve all divorce issues throughout a series of meetings.
They will help you define the matters that need to be resolved, such as:
Overview of the Mediation Process
The exact procedure of divorce mediation is up to the mediator, but most begin with the mediator gathering background information about the marriage and the issues that the spouses are confronting. After the mediator has obtained enough information, he or she will begin facilitating negotiation agreements between the spouses. This may include helping spouses brainstorm solutions, stay on track, and outline necessary steps to take.
The mediator does not make decisions—he or she only assists in facilitating divorce negotiations. Once an agreement is reached between the spouses, the court still enforces the divorce agreements. However, because the spouses have already agreed on the terms of a divorce, the court does not have to hear statements or settle disputes. Divorce mediation makes these arrangements outside of court, minimizing hassle and expense.
What are the benefits of mediation?
Mediation is an alternative to the adversarial court process involved in a contested divorce, which often leads to disagreements that must be resolved by a family law judge. Mediation tends to cost much less because it gives the spouses the option of settling divorce agreements without court proceedings and attorney fees. Mediation is also less time-consuming than a traditional divorce arranged through a court.
Other benefits of divorce mediation include the following:
- Ability to improve communication and avoid conflicts in the future
- Spouses maintain control of the process
- No public record of the procedure
- Option to still retain a lawyer to give advice
The results of mediation are not binding until both spouses agree to the terms. In addition to saving you time and money, it may also reduce stress. With open communication between spouses and the help of an Orange County mediation lawyer, spouses may be able to reach amicable agreements for most, if not all, matters.
The Mediator's Role: Facilitating Open Communication
Whether for divorce negotiations or nuptial agreements, the mediator is a neutral third-party that moderates the process in order to ensure both sides are fairly heard and represented. As a facilitator, the mediator cannot make any legal decisions for either party. As an alternative to traditional negotiations, the mediator helps spouses make necessary arrangements while minimizing the hassle and expense of court supervision. Primarily, a mediator keeps spouses on track and helps them reach mutual agreements. This allows spouses to make arrangements that might otherwise be impossible to reach during court hearings and heated litigation.
A mediator may help spouses in several ways, including:
- Listening to both parties
- Remaining neutral in all procedures
- Helping to consider the best interests of children
- Assisting in decisions of custody arrangements
- Keeping spouses informed on all their options
Is Your Mediation Lawyer Qualified for the Job?
Your mediation may only be as good as your mediator. Spouses may expect their mediators to be qualified for their duties, but most states have little to no requirements for mediators. The only thing that may help to ensure that your mediation goes smoothly is knowing what qualifications you should expect from your mediation attorney. The more you expect from your mediator, the better you may be able to ensure that the process is handled effectively. My name is Kevin B. Gibbs, and I have proudly represented hundreds of clients as a divorce and family law attorney. I have also served as a mediator for many couples in Orange County, CA.
Consider my qualifications as an Orange County mediation attorney:
- Board-certified family law specialist
- 20+ years of experience as a family law attorney
- Provided expert testimony in court
- Served as court-appointed special master for family law issues
- Published several court cases
- Lectured in continuing legal education conferences
Divorce Mediator with 20+ Years of Legal Experience
As a certified family law and mediation lawyer in Orange County, I have the knowledge and experience to help you and your spouse seek a mediated resolution to your divorce. Whatever conflicts you face, I am confident that I have the skills necessary to help you and your spouse resolve your differences. In fact, I even have experience in mediating high net worth divorces. At the end of the mediation process, I can draft an agreement which the two parties will then present to the court for approval. If you are interested in learning more about why mediation could be a good option for you, read these answers some
frequently asked questions.