Mediation Divorce makes very efficient use of the time spent in the mediation sessions.  Typically, for divorcing couples with children, agreements can be reached on all issues within three sessions of between 1 ½ and 2 hours per session. Thus the cost to that point [at $250 per hour] would be between $1,125 and $1,500. The fees are paid at the end of each mediation session. There is no retainer fee.

A deposit is then made to the mediator’s trust account, and the mediator prepares the draft Marital Settlement Agreement (MSA) and sends it to the spouses for initial comments. After each spouse has had the opportunity to spend an hour with a family law attorney to receive advice on how the MSA can be improved in his/her individual interest, changes are made and any necessary further negotiations are completed and the Judgment and related documents are completed. The spouses then sign the MSA before a notary at the mediator’s office, and the papers are filed with the court. Any part of the deposit not used is refunded to the spouses. When the mediator receives the Notice of Entry of Judgment back from the court, he sends both spouses a complete copy of all papers filed. When the six-month waiting period runs, the divorce is final.

According to their websites, some other types of mediation can be much more expensive, e.g., mediation by a team of an attorney and a therapist, costs about $500 per hour, and some mediators anticipate 6 to 8 mediation sessions. Mediators who are not lawyers do not prepare a Marital Settlement Agreement (which can be made a part of the judgment), but instead prepare a Memorandum of Understanding, which then must be put into legal form by an attorney paid separately by the spouses.

These other, more expensive mediators, are still preferable by far to litigation, i.e., divorce court. In divorce court, each of the spouses hires his/her own attorney, who has a professional obligation to zealously advocate on behalf of his/her client. Therefore, the parties are at odds from the beginning to the end (which usually comes by settlement shortly before trial).

Typically, the attorney representing one spouse will file one or more Applications for Orders to Show Cause to attempt to get court orders providing the maximum possible benefit for his/her client for spousal support, child support, parenting time, and other issues. In turn, the other attorney-spouse team makes their best effort to minimize the chance of that happening and maximize the chance of court decisions going in their favor.

Recently, one of the most respected Los Angeles Superior Court family law judges stated at a local bar association meeting:

"By the time we [get to trial] most people have spent all of their community assets on the divorce itself. By that time, we're just dividing debts and allocating attorney's fees."

Click here to read a letter by the Los Angeles Superior Court’s Family Law Supervising Judge regarding the advisability of using mediation as an alternatives to divorce litigation. The Orange County Superior Court’s Family Law Supervising Judge has promulgated a similar letter.

For a copy or for further information on mediation please contact our office.