Is Mediation Mandatory in a California Divorce?
Spouses in California may be aware that litigation is not always necessary to resolve divorce-related disputes. Often, alternative forms of dispute resolution are cheaper, less stressful, and faster than litigation. Despite these advantages, some divorcing spouses might prefer to resolve family law matters during trials. What if these parents do not have a choice? Is it true that mediation is mandatory when approaching divorce in California?
Mediation Is Only Mandatory for Child Custody Issues in California
While it is true that California mandates mediation, it is only within one specific aspect of divorce: Child custody. Even then, mediation is only necessary if parents cannot decide on how to handle their parenting plan after a breakup or divorce. If the parents agree on how they would like to handle custody, they can create an agreement on the issue and avoid both litigation and court-mandated mediation.
What is Mediation?
Mediation is a form of alternative dispute resolution. It is a common practice in many areas aside from child custody, including business-related issues and a range of legal disputes.
Mediation is facilitated by a specially-trained individual called a “mediator.” This individual may or may not be a trained family law attorney in California. The goal of a mediator is to remain completely unbiased throughout the negotiation process. Instead of serving the best interests of only one parent, they seek to pursue a mutually beneficial outcome for everyone – including the children.
If all goes well, he mediator will help both parents create a parenting plan. This is a legal document that outlines the specific rights and responsibilities of each parent. It may detail the amount of time that each parent spends with their child, where the child stays, and who has the right to make important decisions about the child’s life. Parenting plans are legally enforceable, and parents who violate them may encounter consequences.
What if Mediation Fails?
While mediation is mandatory for custody-related issues, family courts cannot force parents to successfully navigate this alternative dispute process. If parents remain stubborn or unwilling to negotiate for whatever reason, the only possible outcome is litigation. Mediation may fail for a number of reasons. Family courts can only force parents to attempt mediation, and they cannot force parents to negotiate effectively.
If mediation fails, litigation represents a logical choice for dispute resolution. This process occurs in court, and the dispute is overseen by a family law judge in California. At this point, both parents may hire their own custody attorneys. An attorney represents the parent in court, presents evidence, and pursues positive custody results.
Reach Out to a California Custody Lawyer Today
If you have been searching for a qualified divorce lawyer in California, look no further than the RM Law Group. Over the years, we have helped numerous divorcing spouses resolve issues related to child custody, child support, property division, alimony, and more. While mediation is mandatory in some situations, you can still remain in control with help from a divorce lawyer. Book a consultation today to learn more about mediation in California and discuss your next steps in more detail.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
