Mediation is an approach to a dispute which lets you keep full control of the outcome. The only people making decisions are those involved in the dispute, unlike arbitration or litigation where a judge or an arbiter makes the final decision. Mediation typically consists of several joint meetings between spouses (or parents, if you are not married) which last 3-4 hours each. During those meetings, you and your spouse discuss the issues which need to be resolved in your case. The mediator is there to facilitate the discussion, assist with communication, provide information and suggestions, and use their specialized training to assist the two of you to resolve your differences and write up an agreement which is fair to both of you, and, if you have children, in their best interests as well.
Divorce mediation is a non-adversarial means to resolve issues raised in a divorce or legal separation. Such issues include property division, spousal and child support, child custody and visitation. The parties meet jointly with a mediator to learn of their rights and responsibilities to themselves and their spouse. The contemplated result is a written agreement encompassing a resolution of all of the issues of the marriage. Mediation can be used by couples at any stage of the separation and divorce process - even couples who have previously divorced through the court system and wish to resolve new problems.
Most courts have mediation services that address child custody disputes. The mediator meets with both parents in an effort to get both parents to come to an agreement on the living arrangements for their child(ren). Parents are often able to reach an agreement in mediation on issues of child custody. If the parties do agree, the mediator will prepare a written memorandum of the agreement and that will be submitted to the court and become an order of the court. Mediation Departments can be either reporting or non-reporting. Orange County Mediation reports only whether or not an agreement was made and only provides the court with actual agreements. Riverside and Ventura County actually report recommendations to the court even when the parties have not reached an agreement. Mediation services are not the same as Child Custody Investigations.