Is Mediation Mandatory for a Divorce in California?
In California, Mediation is not mandatory in a divorce. However, it is a popular option for couples seeking a more amicable and cost-effective way to end their marriage. Understanding the nuances of Mediation and its role in divorce proceedings can help you to make informed decisions about how to proceed.
The Option for Mediation in California Divorce
Mediation is a process where a neutral third party, the mediator, assists you and your spouse to discuss and resolve issues related to your divorce. This can include matters like child custody, parenting time, child and spousal support and the division of assets. However, unlike litigation, Mediation allows you to maintain control over the outcome rather than leaving decisions up to a judge in a courtroom.
While Mediation itself is not required by law for all divorce cases, there are aspects related to child custody and parenting time which can involve mandatory mediation. When a motion is filed in court concerning your children—such as custody, parenting time, or child support—the court mandates attendance at what was historically known as conciliation court, now commonly referred to as mediation. During this mandatory session, you and your spouse work with a mediator who works for the courts to discuss and resolve issues related to custody and parenting timeshare.
It’s important to note that this mandatory mediation only applies to cases where a motion related to the children is filed. If a couple is divorcing without any motions regarding children, there is no legal requirement for mediation.
4 Reasons to Choose Mediation
Despite it not being mandatory, many couples voluntarily choose the mediation process for several reasons. Here are 4 key reasons to choose mediation in resolving your divorce.
- Mediation is Private
Unlike court proceedings, which are public, Mediation allows you to keep your discussions and financial matters confidential. This is particularly appealing if you want to keep your personal matters out of the public eye. - Mediation will Save Money
Litigation can be expensive. Legal fees can add up quickly as cases drag on in court. Mediation typically involves fewer sessions and lower costs, making it an attractive option if you are looking to save money during your divorce. - Mediation Saves Time
Court cases can take years to resolve, while Mediation can often be completed in a matter of a few months. This expedited divorce process allows you to move on with your lives more quickly. However, keep in mind that there is a mandatory 6 month wait period in California, and you cannot be restored to the status of single persons until this requirement is met. - Mediation Fosters Better Communication
Communicating with your ex-spouse will be crucial for you in co-parenting your children after your divorce. By working together in a mediated setting, you and your spouse can develop a cooperative relationship that will benefit your children.
While Mediation is not mandatory in most California divorces, it does offer numerous benefits that make it a preferred option for many couples. Whether for reasons of privacy, cost, time, or maintaining a positive co-parenting relationship, Mediation provides a valuable alternative to traditional litigation.
The Kim Mediation and Law Center is located at 3701 Wilshire Blvd, Suite 508 in Los Angeles, CA. You may make an appointment by calling 213-351-1000 or visit www.kimmediationandlaw.com
Compassion for my clients is important to me, and that’s why I’ve remained a family law practitioner for 30 years — and still love what I do. I’m keenly aware of the emotional toll divorce can have on you and your family. As you navigate the rough waters of transition, my team and I will help you find your balance. We’re here to support you in making the best decisions for your future. I’ve seen the positive results again and again when couples embrace meditation or collaborative divorce. I’d be honored to share these practices with you and set your family on a healthy path.
