In this article, you can discover…
- The difference between private and court-appointed divorce mediators.
- The qualifications and certifications a divorce mediator should have.
- Red flags to watch out for when choosing a divorce mediator.
Are All Divorce Mediators In California Required To Be Attorneys?
No. While some divorce mediators are also attorneys, that is not required. A mediator can be a therapist, an attorney, or anyone with the appropriate and required credentials to facilitate divorce mediation.
What Are The Differences Between Court-Appointed And Private Divorce Mediation In California?
Court-appointed mediation comes in two forms in California. Some counties in California are “recommending counties”. In these cases, the mediator will write a report that will be handed to the family court judge. This allows the mediator to give an opinion as to what should happen in your case.
Other counties are “non-recommending”, meaning that mediation is simply meant to achieve a resolution, and no recommendation will be handed to the judge. If no resolution is reached, there’s no harm and no foul. This is closer to private mediation.
It’s important to understand which method is used in the county in which you’re divorcing, as the strategic differences are important.
Private mediation can come in several forms. For example, private joint divorce mediation may be helpful if your divorce is low-conflict, but you simply need guidance as to how the divorce process will work and how paperwork is meant to be filled out. In that case, the mediator won’t represent either party but will walk you and your spouse through the steps needed and answer any questions you have.
Private mediation can also be done with attorneys. In this instance, you and your spouse will both have your own attorneys, with the mediator helping facilitate communication while your lawyer gives you legal advice. Lawyers are not required, however, nor is it required for both parties to have representation.
Attorney Jordana Better is a skilled, caring family law attorney serving California. Since 2016, she’s helped clients just like you navigate divorce, mediation, and the road ahead with clarity, focus, and an eye on their goals and legal rights.
Have questions about divorce or mediation in California? Reach out to the Law Office of Jordana N. Better for an initial consultation today.
What Qualifications Should A Good Divorce Mediator Have?
My personal preference would be to have a mediator who is also a divorce attorney. This can make the process much more goal-oriented, less emotional, and more productive as far as getting divorced, and articulating and achieving post-divorce priorities.
Granted, some couples truly do benefit from mediation that is handled by a therapist or counselor, especially if children are involved and you must now navigate co-parenting post-divorce. However, if the goal is primarily to settle the divorce and move forward practically, you’ll need someone who understands what it will take to legally and efficiently settle the divorce. The best person for that task would be an attorney.
What Red Flags Should I Watch For When Choosing A Divorce Mediator?
A mediator who has no experience with or isn’t comfortable with custody issues, domestic violence, or any other divorce-related issue should be a red flag. In other words, be leery of anyone saying “I don’t handle X, Y, or Z situations”. Be careful of mediators who refuse to work with attorneys, as it’s likely that one party may be trampled or treated unfairly if legal representation is not allowed.
I’ve seen a case where mediation dragged on for months, and not a single thing was achieved. Not even one agreement was made, and no documents were signed.
If your mediator isn’t focused on agreements and workable results, it’s best to find someone who can help you both move forward and achieve your goals instead of simply talking or arguing. For this reason, I find the mediators who are also family law attorneys tend to work best.
Still Have Questions? Ready To Get Started?
For more information on divorce mediators in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 456-2040 today.
Attorney Jordana Better is a skilled, caring family law attorney serving California. Since 2016, she’s helped clients just like you navigate divorce, mediation, and the road ahead with clarity, focus, and an eye on their goals and legal rights.
Have questions about divorce or mediation in California? Reach out to the Law Office of Jordana N. Better for an initial consultation today.
