BART ROSS, Ph.D., PSYCHOLOGIST
During my years as a Licensed Psychologist I have worked with many couples who arrive ready to work and improve the quality of their marriage. I have also met many couples who (without knowing) are asking for help getting divorced in an equitable and compassionate manner. If you fall into this second category and are ready to start the divorce process you may be a good candidate to have your divorce facilitated by a Mediator.
Divorce Mediation is the best option if you believe you are capable achieving an Uncontested Divorce or what is considered a non-litigated divorce.
You ARE a good candidate for mediation if:
-The two of you agree that your level of communication, trust and commitment to a fair and equitable divorce will get you both through a sometimes difficult
-Common goals with regard to the difficult topics such as custody, community property, parenting and ongoing decision making.
-Both of you desire to participate in a process that gives you more control over your future. In California you have the ability to decide what works for you as long as the agreement is fair and equitable. The judge who receives the Memorandum Of Understanding ( I am responsible for preparing this document) will typically read
the agreement to make sure that the decisions are FAIR AND EQUITABLE.
-Prefer a low cost alternative to litigation.
-Prefer a process that emotionally protects your family and always works toward
what is in the best interest of your children.
You ARE NOT good candidates for Mediation if:
-There is a history Domestic Violence or Abuse.
-One partner believes that the other partner is concealing assets.
-If unequal bargaining position exist i.e. one member lacks the ability to understand the families financial matters.
-Emotional Intimidation exists.
More and more divorcing couples are turning to mediation because it is less expensive and less adversarial than a traditional litigated divorce. Mediation has been shown to have more positive outcomes for the children and marital couples. With this process you are in the drivers seat while you make important decisions, rather than delegating them to a lawyer or judge.
How does mediation work? A 3-step overview.
Step 1: We meet and systematically work through the approximately 20 issues that need to be addressed and negotiated. The time it takes depends on the complexity of the issues and ability to negotiate.
Step 2: Once we have come to agreement on all issues I will prepare the Memorandum of Understanding (MOU).
Step 3: The MOU is the document that you both can take to a judge who will review the MOU and if accepted a divorce decree is prepared by the court. Occasionally a judge will not accept one aspect of the MOU and we may have rewrite a particular area.
FOR A FREE 10-MINUTE PHONE CONSULTATION