How Does Divorce Mediation Work?


Divorce mediation is a hot topic for couples considering filing for divorce in Pasadena, but many people are not familiar with how mediation works. If you're considering hiring a mediator to assist with your divorce, it's helpful to have a basic understanding of the mediation process before you begin.

There are no California state requirements for mediators except in child custody cases. If the court orders a mediator to assist with child custody issue, he must have:

  • A master's degree in counseling, social work, or related field or the equivalent work experience
  • 2 years experience in mental health arena or education or training beyond what was required to earn the degree
  • 16 hours of continuing education each year

Regardless of the mediator you select, the mediation process is fairly straightforward. Once the mediator has listened to each spouse discuss their initial concerns, he or she will make a list of issues that should be addressed. As a team, you'll work through the issues one by one until everything has been decided. If you get stuck on one issue, however, the mediator may decide to move on to the next issue and come back to the previous one at a future session. The mediator is not a judge and will not decide issues for you; the purpose of the mediation experience is to allow you and your spouse to come to a mutually agreeable solution.

If a couple absolutely can't resolve all of their issues through mediation, they are free to return to court for a final divorce settlement. Agreeing to attempt a mediation with your spouse does not mean that you are forfeiting any of the legal rights that you would otherwise have.

Many Pasadena divorce lawyers support mediation as a way to have a more amicable divorce and are willing to assist with the process. If you are concerned about maintaining all of your legal rights while using a mediator, having a Pasadena divorce lawyer present may provide you with additional peace of mind.