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May 19, 2023

When it comes to divorce custody disputes, mediation is a great way for two people to come to an agreement rather than battling it out in court. While many couples choose to enter into mediation to try to come up with an agreed-upon plan for issues, such as child custody, child visitation, alimony, child support, property, and other issues, some couples need mediation to be court-ordered. Read on for information about the differences between the two types of mediation.

Private Mediation Versus Court-ordered Mediation

The mediation process is the same when it comes to court-ordered mediation and private mediation. The way you get there is where the differences lie.

For example, if you enter private mediation with your soon-to-be ex-partner, you will have to fork out the money for the mediator that is used to help you resolve your differences and come to an agreement. You will be able to split the bill with your partner. When it comes to court-ordered divorce mediation in California, one of you may have to foot the entire bill for the mediator depending on the divorce settlement that is issued by the judge in your case, whether you do it privately or through the courts. But there are differences you need to be aware of.

What is Private Mediation?

Many couples start with private mediation, even before they file for divorce or dissolution. By taking this course of action, they can save money when it comes to court proceedings and attorney fees by coming up with their own agreement. The goal of private mediation is to settle all the issues that you have with your soon-to-be ex-partner so that those agreements can be part of your final divorce settlement or dissolution agreement. The court must then approve the entire proceeding, but this still saves time and money in the long run.

Couples entering private mediation will have to pay the mediator that they use to help them resolve their differences. They will also still want to be represented by an attorney in divorce court before the agreement is finalized to ensure their best interests are being served.

What is Court-Ordered Mediation?

Court-ordered mediation is normally ordered by a judge during divorce proceedings that are already underway. This can depend on your state’s divorce laws and within the laws of divorce mediation in California, it can be ordered by the court. Normally, CA divorce mediation is required to work out child custody issues, but it can be used for other disputes also. While financial issues in property disputes can be addressed during mediation, the focus is usually on child support, child custody, and visitation with children. This is due to the fact that the children involved in a divorce proceeding need to have a mediator that can look after their best interests and help their parents come to an amicable agreement before the court has to make the decision for them.

A mediator is a neutral person who acts professionally and does not side with either party throughout the mediation process. Mediation is a much faster way to come to an amicable agreement so you and your former partner can move on with your lives and put the stress of divorce behind you.

Contact Us

To ensure that your best interests are protected in a divorce, child custody dispute, or dissolution, you will need to enlist the assistance of attorneys who are well-versed when it comes to divorce mediation in California. The attorneys at the Tierney Law Group have the experience and knowledge to represent you properly throughout your divorce and mediation proceedings. Call today for an appointment.