Divorce Mediation

Attorney Neil Forester is the owner of Forester Family Law PC. While his firm is currently based in California, it is a virtual law firm, allowing him to help clients all over the state. With this innovative approach, Neil Forester is able to provide divorce mediation services to a wider range of clients and offer them the convenience of online consultations and mediation sessions.

At Forester Family Law PC, Neil Forester helps his clients resolve their divorce, parenting, and other family law disputes by using a blend of Alternative Dispute Resolution (ADR) methods and discrete advisory counseling. His practice prioritizes amicable and confidential out-of-court solutions, including divorce mediation.

Neil Forester has over 18 years of experience negotiating and litigating divorce and other family law matters. His litigation experience affords him a unique insider perspective when it comes to family court proceedings, allowing him to explain potential outcomes (both in and out of court) in great detail to his clients.

Divorce mediation is an amicable and collaborative method of resolving a couple’s differences on the many issues that often arise in a divorce. Mediation is an efficient, cost-effective, and fair approach to divorce. 

During a divorce mediation session, the mediator helps both parties address and approach common issues that arise with the dissolution of a marriage. These disputed issues often include asset division, child custody arrangements, alimony/spousal support and child support.

With divorce mediation, it is crucial to keep in mind that resolving all of your differences may take multiple sessions. It is unusual for all contested issues to be resolved right away in the first mediation session. Do not be discouraged if the process takes some time for you both to reach an acceptable divorce agreement.

There are many benefits of using divorce mediation as opposed to litigating in family court. One of the most substantial benefits of mediation is that you and your spouse have control over the outcome. 

If you choose to litigate your divorce in court and are unable to reach a settlement, then the judge will have full control over the resolution of the matter. With so much at stake, it is always better for divorcing spouses to reach an agreement together regarding their differences than it is to leave it up to a judge who is not as knowledgeable about your family.

A divorce mediator is a professional and neutral third party who will keep both parties focused on resolving their differences fairly. This approach is much faster and more cost-effective than litigation, which can go on for years. 

Additionally, divorce mediation is less contentious than traditional litigation, which is beneficial to the parties because it encourages an amicable relationship going forward. If there are children involved, this is of particular importance because you and your former spouse will need to maintain a co-parenting relationship. If you are able to come together and resolve your differences in a way that is agreeable to both of you, this will significantly reduce feelings of resentment and 

A divorce mediator can help a divorcing couple resolve many different issues that commonly come up during divorce proceedings. 

Some of the issues that a divorce mediator can help you resolve during the divorce mediation process include the following:

• Division of marital assets and debts
• Child custody schedules and parenting-time arrangements
• Child support calculations
• Spousal support/alimony calculations
• Other issues unique to your circumstances.

Once you have decided to use divorce mediation to reach an agreement regarding the dissolution of your marriage, the next step is to decide who to hire as your divorce mediator. This is an important decision, as you will want the mediator that you choose to have certain qualities in order for you to get the most out of mediation. 

Some qualities to consider when choosing a divorce mediator include:

• True Neutrality – The mediator should remain neutral and refrain from taking a side.
• Knowledge and Experience – Look for a mediator who has substantial experience in family law litigation and divorce mediation. You will want to choose a mediator who understands the legal issues involved and who can provide both parties with useful guidance regarding potential resolutions.
• Communication Skills – The mediator you choose should have excellent communication skills and have the ability to facilitate productive discussions between you and your spouse.
• Trustworthiness – You should also consider how comfortable you feel with the potential divorce mediator and your trust level with them. Be sure to choose a competent mediator that you trust to handle your case in a confidential manner.
• Compassion and Empathy – No matter how amicable your current relationship is with your soon-to-be ex-spouse, divorce can be a difficult, stressful, and emotional process. Consider choosing a mediator who readily shows compassion and empathy to both parties and their concerns.
• Problem-Solving Skills – Another important quality in a successful divorce mediator is the ability to creatively and effectively solve problems. A mediator should be able to help both parties identify what is important to them and come up with creative solutions that are agreeable to both parties in order to resolve their disputes.

Finally, when choosing a divorce mediator, you will also need to consider their availability and the cost. Be sure that you fully understand the cost of your potential mediator’s services and do not be afraid to ask questions to clear up any confusion you may have. Ultimately, your goal is to successfully resolve all disputes and conflicts that must be resolved before you can finalize a divorce settlement or agreement.

The divorce mediation process is designed to help both parties come to an agreement regarding their differences without having to go to court. However, in some cases, it may not be possible to resolve every issue through divorce mediation. 

If you and your spouse are unable to come to an agreement through divorce mediation, you may need to consider other options. Before giving up on mediation entirely, ask your divorce mediator whether they think another mediation session could be effective. If so, the mediator may meet with each party to clarify their stance on the disputed issues prior to starting another mediation session with you both present. Your mediator may be able to help you explore and consider some different options and creative solutions that could work for you both and allow you to resolve your differences. 

Ultimately, if you are unable to resolve your disputes after both parties put forth a genuine effort in divorce mediation, it might be time to consider litigating the matter in family court. While this option is more expensive, time-consuming, and uncertain, it can be necessary in some cases when a couple cannot come to an agreement through mediation.

However, even if divorce mediation is unsuccessful in your case, it does not mean that you and your spouse will have to aggressively fight each other and spend substantial amounts of money to litigate your case through trial. If an amicable resolution is important to you both, you can each hire your own attorney and tell them that you want to work together as much as possible with a collaborative divorce approach.

In order to get the most benefit out of the divorce mediation process, it is a good idea to prepare for the mediation sessions beforehand. One of the first steps you can take in order to help move things in the right direction is to come to the initial divorce mediation sessions prepared with all of your important financial documents. These documents should include recent tax returns, bank statements, and any property deeds.

Another thing you can do to prepare for your divorce mediation sessions is to set some goals beforehand. Take some time to think about what issues are the most important to you and which ones you are more willing to compromise on. Setting your goals prior to your mediation session will help you maintain perspective.

On the day of your first divorce mediation session, remind yourself to stay focused and keep an open mind. One of the benefits of mediation is that the mediator can often suggest creative solutions to common contested issues.

 An example of a creative solution would be an unconventional child custody schedule that actually works well for all parties involved, especially the children. By arriving at the mediation with an open mind, you might be in a better position to accept unique solutions to reach compromises on issues you and your spouse previously disagreed on.

There are some situations in which divorce mediation may not be a realistic option, including extremely contentious and combative couples. You know your own marriage better than anyone else, so only you and your spouse will truly know if divorce mediation will be helpful in your case. 

Generally, divorcing spouses who can still communicate and are amicable to some degree are good candidates for a successful divorce mediation. If you are still unsure, consider a consultation with a divorce mediator who can help you better understand if the divorce mediation process will be helpful for you.