Divorce Mediation Lawyer in Del Mar, CA

Reaching an agreement with your spouse about how you will approach matters like property division, child custody, and spousal support is one of the more challenging aspects of the divorce process. You may wish to avoid going to court and having a judge determine these matters for you. But you and your spouse struggle to reach an agreement on your own.

Divorce mediation is an alternative conflict resolution strategy that has helped many divorcing couples reach a consensus on important matters. Our Del Mar divorce mediation lawyers facilitate mediation sessions for divorcing couples, providing a private, neutral environment where both parties can vocalize their positions and work toward a mutually beneficial resolution.

Contact Ratzer | Dobis today to learn more about our mediation services and request a consultation.

What Is Divorce Mediation in Del Mar?

In California, there are two main types of divorce: contested and uncontested. In a contested divorce, both spouses disagree on at least one issue, requiring court intervention. In an uncontested divorce, the couple agrees on all terms. This process is often faster, less stressful, and more affordable than a contested divorce, but not all divorcing couples are initially in agreement on all terms.

Divorce mediation is an alternative to litigation that can help a divorcing couple navigate their concerns and disagreements without court intervention. During a mediation session, a neutral third party known as a mediator guides the couple through a discussion of their concerns and viewpoints and helps them reach an agreement.

A divorce mediator does not make decisions for the couple and remains neutral through the process. Their main role is to facilitate the conversation and help both parties feel heard and find solutions.

A divorcing couple may choose to pursue mediation on their own. In some cases, the San Diego Superior Court may require a couple to go through mediation before they can take their contested divorce proceedings to court. This is a wise step to help divorcing couples potentially save a significant amount of time, and Ratzer | Dobis takes great care to facilitate a professional and beneficial mediation process.

When To Consider Divorce Mediation

While the court may order you and your spouse to complete divorce mediation, you may consider this process on your own if any of the following are true:

You want to stay in control of the outcome of your divorce: Many divorcing couples would rather reach an agreement on their own, even if it means sacrificing a few of their preferences, than allow a judge to make decisions for them. Mediation allows you to retain control over important issues like child custody. You can base decisions on your full understanding of your family unit, rather than leaving it to a judge who may not fully understand your circumstances.
You are in agreement on some matters but not others: An uncontested divorce requires you and your spouse to agree on all terms of the divorce. If you need help reaching an agreement on a few matters, mediation may be an effective solution.
You are willing to compromise on certain issues: Mediation is only successful when both spouses are willing to compromise. If you have strong, unwavering preferences for all of the matters in your divorce, mediation may not be an effective use of your time or resources.
You want to keep your divorce process private. Going to court could produce public records of the matters in your divorce. Mediation is confidential and allows you to keep this process private.

Meanwhile, there are a few instances in which divorce mediation may not be recommended:

High-conflict cases involving strong emotions
Cases involving abuse or domestic violence
Divorce cases without effective communication
Cases in which one spouse is not open to mediation
Cases in which one or both parties have lacked transparency
Cases involving a significant power imbalance between spouses

Requesting a consultation with our Del Mar divorce mediation lawyers can help you understand whether mediation may be an effective solution for you.

What Issues Can Be Resolved Through Divorce Mediation in Del Mar?

Divorce mediation can help you and your spouse work through issues such as:

How you will divide parenting time after the divorce
Who will keep the family home
How much child support the non-custodial parent will pay
Whether or not a higher-earning spouse will pay spousal support, and if so, how much
How you will divide complex assets, like businesses
How you will divide debts that you accrued during the marriage

Mediation may be an effective strategy for resolving any of the conflicts or disagreements in your divorce case. If you are unsure whether mediation is right for you, reach out to our family law mediators in Del Mar for a consultation.

Our mediators also help clients work through other family law matters, such as:

Modifications to custody arrangements
Disagreements over visitation schedules
Child support disputes
Post-divorce modifications

How Divorce Mediation Works

At Ratzer | Dobis, we approach each mediation session according to the clients’ specific needs and concerns and the divorce scenario as a whole. Our mediation process typically includes the following steps, though the exact process can look different on a case-by-case basis.

Provide background information: Prior to the first mediation session, we may request that you and your spouse submit background information about your marriage, your family, and the issues in the divorce. This can help us prepare for the session.
Meet in our office: On the day of your mediation session, we will guide you to a private conference room in our offices. We may start with everyone in the same room or keep you and your spouse separate, depending on the situation. You can each bring your divorce attorney or property division lawyer to this session.
Review the agenda: Our divorce mediation attorney will start by reviewing the agenda for the session so that everyone is on the same page about the issues to be discussed.
Give each party the opportunity to speak: One reason mediation can be so valuable for divorcing couples is that it gives each side the chance to vocalize their perspectives, wants, and needs without interruption.
Determine areas where you agree and disagree: You may agree on more issues than you initially realized. Pinpointing your main areas of disagreement allows us to focus the remainder of the mediation session.
Seek to reach an agreement: This may involve brainstorming possible solutions, looking for areas where you both can compromise, approaching the issue from different angles, and meeting with the mediator privately to discuss your perspective.

If you and your spouse can reach an agreement on any matters during this session, your Del Mar divorce mediation lawyer may help you draft a settlement agreement that you can file with your divorce paperwork.

Why Choose Ratzer | Dobis for Del Mar Divorce Mediation?

At Ratzer | Dobis, our team consists of skilled family law attorneys and mediators who approach the mediation process with the utmost professionalism and care. With our backgrounds in litigation, we are uniquely qualified to resolve cases involving mediation and other alternative dispute resolution (ADR) methods.

Our lawyers act as trained, neutral parties who guide mediation discussions and facilitate communication between the two parties. Alternatively, you can call upon our Del Mar divorce mediation lawyers to represent you during a mediation session. It is often beneficial for both parties to retain their own attorneys to help advocate for their rights and provide legal guidance throughout the discussion.

Our goal during mediation is to use our extensive experience and training to work toward an outcome that both parties are comfortable with.

Request a Consultation for Divorce Mediation in Del Mar, CA

Our Del Mar divorce mediation lawyers understand the complex emotions that arise during the divorce process. Mediation could be an effective technique to help you and your spouse resolve conflicts and start moving forward.

To request a free consultation, call our divorce lawyers in Del Mar today at 858-793-7700.

Frequently Asked Questions

When would the court order mediation in a divorce?

The court often orders mediation when both parties cannot agree on child-related issues. At the very least, mediation can help the divorcing couple find common ground before the trial; in some cases, mediation can resolve all conflicts in the divorce and prevent the need for court intervention.

What happens if my spouse refuses mediation?

If one party in a divorce refuses mediation, this may not be an effective strategy for resolving disagreements. Both parties should enter mediation willing and open to compromise. If mediation was court-ordered, the court may question why that party did not attend mediation proceedings.

Can divorce mediation save a marriage?

The goal of divorce mediation is not to save the marriage but instead to resolve disputes in an ongoing divorce.

Can a mediator do the same as a divorce lawyer?

Not all mediators are divorce lawyers. Our Del Mar divorce mediation lawyers at Ratzer | Dobis fill both roles; we can represent you in a mediation session or act as a neutral third party to facilitate the discussion. However, the lawyer acting as a mediator in your session will always remain unbiased and neutral.