Tips For Successful Mediation In Divorce And Custody Cases

Preparing For Mediation

Preparation for mediation in a divorce is a massively important part of the divorce process, and it’s essential that you gather all relevant documents and clearly understand the issues that need to be resolved. Here’s a step-by-step guide to help you get ready for the process and avoid common mistakes so many others fall prey to:

Organize Financial Documents

Start by gathering financial documents that will help clarify the division of assets and debts. These include:

• Bank statements
• Credit card statements
• Retirement account statements (401(k), IRA, pension)
• Mortgage and property records
• Pay stubs and tax returns
• Documentation of any debts, such as loans or medical bills
• Business valuation documents (if applicable)

Having these documents handy will help with negotiations.

Prepare The Preliminary Declaration Of Disclosure

Couples seeking a divorce in California must complete a Preliminary Declaration of Disclosure. This document lists all marital assets, liabilities, income, and expenses, forming the foundation for resolving financial disputes in the mediation process. You’ll need to disclose everything—accurately and honestly—to ensure a fair division of assets.

List Out All Marital Issues

Before mediation, identify the main areas that need to be addressed. Here are some common ones to get you in the right frame of mind:

Custody And Parenting Time

If there are children involved, this should be your primary concern. Think about what kind of custody arrangement would work best for your family, and be prepared to discuss details such as school arrangements, holidays, and vacations.

Jordana Better of the Law Office of Jordana N. Better in California is an experienced family law attorney who guides clients through the mediation process with clarity and compassion. Her deep understanding of divorce law, financial disclosures, and child custody matters ensures that clients are well-prepared and equipped to navigate mediation successfully. With her knowledge and experience at your disposal, Jordana will help you reach a fair and amicable resolution without resorting to lengthy litigation.

If you’re preparing for mediation, contact Jordana Better today for skilled legal guidance tailored to your unique needs.

Child Support And Alimony

Be ready to discuss financial support, including any income and expenses, especially related to your children, and whether spousal support is appropriate.

Division Of Assets And Debts

As you prepare your financial disclosures, also consider what items or assets you’d prefer to keep, as well as how debts should be divided.

Other Concerns

This could include decisions about family pets, household items, or even who remains in the family home.

Think About Custody And Parenting Issues

Custody is a major focus for most parents in divorce, and it’s important to come prepared with a clear idea of what you think is best for your child. Have a list of your preferences, such as:

• What parenting schedule would work for both parties?
• What are your children’s educational needs?
• How will holidays and vacations be split?

Keep in mind that the court will make these decisions for you if you can’t come to an agreement. This can be hard to accept, especially if the court ends up deciding personal matters like school choices or vacation plans in a way that you don’t quite like or understand.

Work With Your Attorney

If you are entering mediation with your own attorney, make sure to discuss all the potential issues in advance. Your attorney can help you:

• Understand what is reasonable to ask for during mediation.
• Identify areas where compromise might be necessary.
• Prepare negotiation strategies.

If there is a joint mediator, especially if there are no attorneys representing either side, still consider getting legal advice before the mediation to ensure you understand your rights and options.

Stay Calm And Open-Minded

This might be the most overlooked yet important point. One of the common mistakes people make is entering mediation with a combative mindset. Mediation is about cooperation and compromise, so it’s important to be willing to listen to the other party’s concerns and be open to different solutions.

Be aware that getting too emotional or angry during mediation can hinder your ability to come to an agreement and may have implications on your case later on if you’re unable to come to an agreement. If you refuse to compromise, mediation might fail, leading to a drawn-out and costly court process. If you’re in this state of mind, it can be tempting to hide assets or debts. This can lead to severe consequences and delay the process. Full transparency is critical.

Try to stay focused on the end goal: reaching a fair and amicable resolution.

Mediation And Child Custody

When entering mediation, especially when it comes to custody, it’s vital to have a clear, realistic idea of what you want your post-divorce life to look like. Many people might come in with expectations that their life will remain unchanged, enjoying the ability to stay in their home, not working, or keeping all the same things they had before while also wanting full custody of their kids.

The stark reality is that you need to be prepared for the fact that shared custody might mean things like not celebrating every holiday together with your children. Both you and your to-be ex-spouse are likely to want time with your children over the holiday season. They can’t be in two places at once, however, so you’ll have to figure out a plan that works for everyone.

One of the biggest advantages of working with a family law attorney during mediation is the insight they provide from seeing many different custody arrangements. No matter the situation, you and your attorney can find a solution that works for your unique family dynamic. Realize that you will need to make some compromises, though, and you may lose some time with your children. This is where being realistic and focusing on what is best for the children becomes incredibly important. Make it a point to have the express goal of finding an arrangement that prioritizes their well-being, even if the end result isn’t your ideal situation.

Still Have Questions? Ready To Get Started?

For more information on Mediation In California Divorce Court, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 301-6777 today.