Many people believe that the only way to go through a divorce is through complicated and stressful litigation. However, there are other options. When it comes to agreeing on topics like asset division and child custody, a mediator can help both parties come to an amicable agreement without forcing a judge or jury to make their decisions. In the state of California, mediators are required to have a license to practice law.
The job of the mediator is to guide conversations in a way that allows both parties to brainstorm solutions to their disputes. This is done in a confidential environment where each person can feel comfortable expressing their true objectives. During this mediation process, there may be a lot of ideas put forth that one side or the other won't like, but this is the time to work those disputes out without anything going on the record.
Mediators are often used in cases litigated out of court, pro per with professional help and pro per without professional help. Since mediators don't have any power to enforce the decisions made during negotiations, lawyers or legal document assistants will also be required to make the divorce official. While attorneys are still needed to deal with a variety of legal issues, mediators can make the most emotional part of the process easier.
Whether or not someone chooses to use divorce mediation, obtaining counsel is advised. An attorney is responsible for representing the best interests of the client through all legal proceedings in family court. Clients can ask their lawyers a wide range of questions related to child support, child custody, financial divisions and any other sensitive issues.