Divorce is not a decision couples take in the best of their times. Any decision of divorce involves loads of bitterness and hurt behind it. Divorce is one of the most important decisions in a person’s life and in addition to the importance of the decision, the way the couple separates is also an important consideration. Contrary to popular belief, the decision to separate leaves the couples with a host of options to choose their mode of a divorce other than simply retaining attorneys and fighting it out in court. The parties can seek private divorce mediation, but the California family courts mandate child custody mediation prior to most custody court proceedings.
Mandated Child Custody Mediation
It is often misunderstood that when couples go through the family law courts, there is little or no chance of mediation. This, however, is far from the truth. In reality, when couples start to go through child custody court proceedings, irrespective of their legal positions, the first thing that courts require them to do is go through mandated custody mediation.
In mandated mediation, the couples are presented in front of a court assigned mediator who reviews the custody case, its facts, and questions the couple on their positions. The job of this mandated mediator is to allow the couples a chance to sort their custody issues.
Private Divorce Mediation
This form of mediation is the most-commonly used mediation. The key to this type of mediation is that it is flexible in terms of time, place, and the format of mediation. The lack of time bar on this type of mediation allows the couple to have a greater amount of time to effectively discuss their issues in depth and in detail to allow the issues to be ironed out.
The key to Orange County divorce mediation is the role of the mediator in this type of mediation. Unlike the role of the mediator in mandated mediation, an Orange County divorce mediator only facilitates the couples to try and sort their issues out and doesn’t really take part in questions and answers with the clients. One of the most important things that make this type of mediation more potent than mandated mediation is the legally binding authority it has. Divorce mediation agreements can be enforced through the use of courts.
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.