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Can you divide properties through mediation?

Property division can be one of the most difficult aspects of getting divorced in California. There’s no way to avoid it, but you could make the process easier on yourself by agreeing to mediation. A successful mediation session allows you to divide up your properties without going to court.

How does mediation work?

To start the process of divorce mediation, you’ll have to find a mediator. Many divorce attorneys can also act as mediators. Once you’ve found someone, your mediator will invite you to meet with him or her and your estranged spouse so you can discuss property division.

The mediator usually starts your session by talking about the mediation process and by letting you know what you can expect. You and your estranged spouse might make opening statements during this time. Afterward, the mediator will help you start a dialogue. The mediator will guide the conversation to ensure that both parties remain civil. If you start to argue, your mediator might place you in separate rooms and talk to you separately.

If you reach an agreement at the end of the session, you and your estranged spouse will sign a contract to make your agreement legally binding. This allows you to negotiate issues like property division without going to court. You don’t have to come to a decision right away; your mediator could help you through a second or even third session. However, if you and your estranged spouse can’t agree on anything, you might have to go to court after all.

Is mediation worth the trouble?

There’s no guarantee that mediation will be successful. However, that doesn’t mean that it’s not worth a shot. If you successfully negotiate an agreement with your estranged spouse, you could avoid going to court and dealing with the litigation process.

Mediation allows you to save time and money during your divorce. Your attorney might recommend mediation to help you negotiate a wide range of issues, including property division, child custody, and spousal support. If you’ve on civil terms with your estranged spouse, you could come to an agreement without tearing apart what’s left of your relationship.