The Role of Mediation in a Divorce Case

In a divorce case where there are minor orhistory of domestic abuse and violence, the mediation
dependant children from the marriage, the questionmay be preferably conducted in separate sessions to
of child custody, child support, parentingensure the safety of both parties, as well as to
responsibilities and visitation time are bound to arise.eliminate any possibility of intimidation.
Wherever the parents may be able to agree onThe job of the mediator is to help the two parents in
these issues and make an amicable settlement, themaintaining their focus on a good parenting plan and
divorce proceedings become easy. But in unresolvedorganizing everything to fulfill that plan in the best
cases, the court may have to intervene.interests of the child. The mediator encourages the
In a Sacramento Divorce case, under the Californiatwo parents to arrive at reasonable agreements on
state law, the court will arrange mediation in suchthe conflicting issues of child custody, parenting
situation, and make it mandatory for both thearrangement, holiday plans, medical and life insurance
parents to attend the mediation without anypolicies, transportation, schooling and such issues that
expense. The law requires that both parents mustare a part of the child's education, health, welfare and
attend mediation, though it is not necessary thata healthy upbringing.
they arrive at any kind of agreement.Sometimes mediation may help to bring about a
The goal of mediation, in a Sacramento Divorce caseresolution of all conflicts in the parenting area. Once a
is to alleviate conflict between the two parties, soverbal consensus is reached between the two
that there may be a better chance of cooperatingparties, then the mediator draws a written
with each other in the creation of a parenting planagreement, incorporating all the points agreed upon
that fulfills the requirements of the child keeping hisby the two parties. After reading the draft written
best interests in mind.agreement, if the two sides are willing to go ahead
The court-appointed mediator is usually a trainedwith the agreement and sign it mutually, then the
professional, having at least a post graduationcourt may adopt the agreement and include it in its
qualification and possessing a depth of experience infinal divorce decree.
matters of psychology and marriage or familyUsually, the mediator engages with only the two
counseling, and having professional expertise in theparties involved, and not their attorneys or other
area of domestic conflict resolution.family members. Though in some cases, the mediator
During the process of mediation, the mediator maymay also discuss the parenting plans with the children
meet with the two spouses separately or togetherwhose parents are involved in the divorce proceeding.
or both. In case the spouses have had a bitter