FREQUENTLY ASKED QUESTIONS

Divorce mediation is a voluntary and confidential process where a third-party, the mediator, helps couples reach a final divorce settlement agreement. During mediation, the mediator will help the couple come to agreement about various issues in their divorce, such as child custody, spousal support property division and debt allocation.

WHAT IS DIVORCE MEDIATION?

WHAT ARE THE BENEFITS OF DIVORCE MEDIATION?

Couples choose divorce mediation for many reasons. When couples come to agreement about their divorcee through mediation, they find they are more likely to follow the terms of the agreement than they would court-imposed orders. In divorce mediation, the couple decides how they will move forward with regard to their property and children, rather than leaving important decisions up to a judge.

  • Even when parties consult with independent attorneys during mediation, mediation costs much less emotionally and financially than litigating in a courtroom. Litigation costs add up quickly and some litigated cases take years to complete.

  • Couples who mediate report having a more cooperative relationship after the divorce which not only benefits the couple, but also the children fare much better when parents cooperate through mediation. Mediation minimizes conflict.

  • Mediation allows the couple the opportunity to develop flexible, creative, and economically beneficial and unique agreements. Mediation offers the couple control over the outcome and terms of their agreement rather unlike going to court where a judge may impose a one-size-fits-all decision,

  • Mediation is completely private and discussions that occur during mediation are confidential so the couple’s issues stay out of the public courtroom.

ARE WE GOOD CANDIDATES FOR DIVORCE MEDIATION?

IN GENERAL, COUPLES DO WELL IN DIVORCE MEDIATION IF THEY:

  1. Generally trust each other;

  2. Are both ready to end the marriage;

  3. Are both willing to work together to resolve the issues;

  4. ARE BOTH WILLING TO LET THE OTHER SIDE HAVE 51% & NEITHER IS OBSESSED WITH WINNING;

  5. Have essentially equal power and control in the relationship; and

  6. Have essentially equal access to and knowledge of the finances or the ability to obtain it

WHEN IS DIVORCE MEDIATION NOT THE BEST OPTION?

  • High conflict situations, where there is a history of domestic violence or an unwillingness to cooperate, the mediation process may not be successful.

  • If there is a lack of transparency, where on spouse is unwilling to disclose financial information, mediation may not be effective.

WHERE DO MEDIATION SESSIONS OCCUR?

I typically offer mediation online via Zoom. If you and your spouse prefer to meet in person, mediation sessions will occur in Agoura Hills, California. The client will be responsible for additional costs incurred for securing a conference room.

WHAT HAPPENS IF I CHANGE MY MIIND AFTER WE REACH AGREEMENT?

Once you reach an agreement a Marital Settlement Agreement will be drafted, filed and approved by a judge. Once a judge has approved the Marital Settlement Agreement, it is legally binding. It is important to have your attorney review the agreement once it has been reached and before drafting of the Marital Settlement Agreement.

Once entered, your agreement can only be modified under specific circumstances, such as a meaningful change in circumstances or if both parties agree to the modification. Under these circumstances you need to seek counsel of an attorney.

ARE THERE GROUND RULES IN DIVORCE MEDIATION?

While there is no standardized set of rules for mediation sessions and the mediation process, I abide by the following ground rules:

  • Divorce mediators are neutral. I do not work for either of you as a therapist or lawyer in connection with any of the matters arising in the mediation at a later time, nor am I able to be a witness for either of you unless you and your spouse consent, and I feel that it is in the best interest of both parties to do so. In my role as mediator, I will act as an impartial person and facilitate the negotiation process. I may point out unproductive communication patterns, suggest various options to you and your spouse, clarify statements made by either of you, help point out errors of disagreement and agreement, draft the agreement, and comment about the process. 

  • Divorce meditation is voluntary. Cooperating with the mediation process is voluntary, and nothing binding happens in a mediation process until after an agreement has been reached and drafted by the mediator and then filed with the court. 

  • Divorce mediation involves good faith negotiations. Both you and your spouse should agree that this is a good faith negotiation which means that you come to the mediation willing to work towards mutual agreement. In addition, any statements made by you or your spouse would be inadmissible as evidence against the other. The basis for this is to allow you to say whatever you would like without legal representation.  

HOW MUCH DOES DIVORCE MEDIATION COST?

The average cost of divorce in California is $17,500. Divorce mediation typically costs between $5,000 and $12,000, with more complicated cases costing much more. Mediators who are also attorneys charge up to $950 per hour.

I offer a FLAT-FEE DIVORCE MEDIATION rate of $4500 that includes completing and filing all documents with the court (including the Marital Settlement Agreement) and up to five mediation sessions. Mediations requiring more than five sessions are charged an hourly rate of $400 an hour. Typically, mediations occur online only. If you would like to meet in person, there will be additional costs associated with securing office space, and all in-person mediations occur in Westlake Village, California. You and your spouse will be responsible for paying the filing fee, which typically runs about $435 for the filing of the Petition, which begins the divorce process.

Often issues arise that require specific expertise, such as financial issues, tax issues, real estate issues, or specific issues that may require specific legal advice. Those costs are not included in the flat-fee.

For more information about flat-fee divorce mediation, please use the contact form on this website or call (310) 486-8842.