Mediation Attorney in Covina, California

Contrary to popular belief, divorce does not always have to be a contentious, costly, and time-consuming process. Many divorcing couples in California opt for mediation as a more cost-efficient and amicable alternative to divorce litigation.

If you are thinking about filing for divorce in Covina or elsewhere in California, you might want to consider mediation to reduce the cost of your divorce and resolve your disputes outside of court. As a mediation attorney with decades of experience, I’m ready to protect your interests throughout the process of resolving your divorce-related issues through mediation.

At Eugene F. Cristiano, Attorney at Law, I represent clients in Covina, CA, and throughout San Bernardino, Los Angeles, and Riverside counties.

What is Mediation?

Mediation is a voluntary process in which spouses agree to choose a neutral, third-party mediator to settle their disputes. In mediation, the mediator helps the parties reach an agreement by facilitating negotiations and helping them resolve any existing disputes.

The mediator does not have the authority to make any decisions during mediation, nor can they force the parties to agree to anything. In some cases, a California judge may order the parties to try mediation before taking their dispute to trial. For example, judges will usually order couples to use mediation to resolve child custody issues if the parties are unable to reach an agreement on a parenting plan.

How Does Mediation Work?

Instead of taking your divorce case to court and letting a judge decide for them, a divorcing couple can hire a third-party mediator to resolve their disagreements through mediation. Mediation begins by having the parties agree upon the selection of the neutral mediator.

In most cases, mediation takes place at the selected mediator’s office. In mediation, the parties will first present their opening arguments before being split into separate rooms. When the opposing parties and their attorneys are in separate rooms, the mediator will go back and forth between the rooms to gather information and facilitate negotiations.

Under California law, the parties cannot bring up any statements or admissions made during mediation in court. According to California Evidence Code Section 1129(d), any statements made during mediation or any writing prepared for mediation are “not admissible or subject to discovery or compelled disclosure” in civil proceedings.

What Are the Benefits of Mediation?

Divorce mediation provides significant advantages over divorce litigation. Some of the benefits of mediation include:

• It is less adversarial. Parties involved in mediation focus on working toward resolving their disputes, not fighting.

• It is less expensive than litigation. Generally, parties can substantially reduce the cost of divorce if they opt for mediation.

• Parties take control of the process. In mediation, parties enjoy complete control over the process and the outcome. In divorce litigation, the parties leave the outcome of the matter in the hands of a judge or jury.

• It is more efficient. Parties can resolve their disputes in mediation much faster than they would if their case went to trial.

• It is more confidential and private. Parties can discuss all the details of their disputes without fearing that intimate details will become a matter of public record.

• It is less stressful. Traditional divorce litigation can take an emotional toll on the parties because the process involves hostility and uncertainty.

If you are considering trying mediation to resolve your divorce-related issues in Covina or elsewhere in California, speak with a knowledgeable attorney to evaluate your particular situation and determine if mediation is right for you.