Frequently Asked Questions
Here we have put together a video and a series of Frequently Asked Questions about Divorce and Mediation for your convenience. Click on each link below to read answers to each question.
Questions about Litigation
Here are some of the frequently asked questions about getting a divorce and mediation people want to know. We will answer these questions and more at our FREE Bi-Monthly workshops.
Mediation can assist both of you in resolving your issues, whether you have an attorney or not. Once an agreement is made, both people are encouraged to have an attorney review their agreement to confirm that their agreement is in their best interest.
Mediation has become an alternative way to resolve child sharing and parent-child conflicts, to settle divorce and property disagreements, and to resolve issues related to the breakup, without the expensive litigation.
You and your partner can skip the FCS mediation appointment with the court. When you hire Team Works to assist you, you will fill in a child sharing agreement as part of the Marital Settlement Agreement. This becomes your court order. Team Works mediators will help you to develop a Parenting Plan that will become your child sharing agreement.
In arbitration, each person presents their side of the case to the arbitrator, who in turn makes a decision on how the conflict will be resolved. The couple does not have any say-so about the outcome of this kind of decision. Mediation offers the couple creative options that a judge would not be able to offer, to resolve the case. Usually a couple can meet one to several times to settle disputes with the mediators.
Yes, if you have children and cannot agree on child sharing issues, you may need to attend a Family Court Services (FCS) hearing. This is a meeting with a court counselor, (scheduled by filing proper papers and serving the other parent), in which both parents and the court mediator work out a child sharing plan that you are both willing to follow.
A second court hearing, in front of a judge, called a Request for Order, (RFO) is also scheduled and the agreement you both accepted, in FCS, is ordered. In a case where you cannot agree with the court counselor, the counselor will make their own recommendations to the judge, and then these recommendations will usually become your child sharing arrangement.
How do we reach a settlement using mediation? Emotions usually drive the conflict in divorce. Legal issues are not usually the only reason couples are involved in the litigation process. Litigation is only one way to seek resolution in a difficult case. Mediation is a great alternative to litigation. Our basic divorce package includes two hours of mediation, however, we are available to help you if you should need additional hours to resolve your case. Our fee for additional mediation is $295 per hour - effective November 1st 2023.
Any issues the couple feels are important to them can be mediated. Our mediation experts are a “husband and wife” team. Jefferson Stacer is a certified family law specialist attorney, certified by the California State Bar Board of Legal Specialization. Dr. Deena Stacer is experienced in relationship and communication strategies, child development, parenting issues, and the emotional issues related to the breakup. The male/female “mediation team” approach has tremendous advantages over having a single mediator to reduce the perception of bias.
The team approach means that additional skills and perspectives are brought to the mediation meetings. Mediation allows couples to work out their own creative solutions rather than accepting what a judge may be forced to order, due to the constraints of the law. The couple can also use the Team Works filing services to file their case and finish it off when an agreement is reached.
Can I still come to the Free Workshops? Absolutely!! You may attend any of our workshops. The more you know about your rights and responsibilities and how the court system works, the faster you can get your case resolved and get on with your life.
If you would like more information about our other services, such as paternity, modification of child support or child sharing, please contact us or attend our free workshops.
The team approach means that additional skills and perspectives are brought to the mediation meetings. Mediation allows couples to work out their own creative solutions rather than accepting what a judge may be forced to order, due to the constraints of the law.
The couple can also use the Team Works filing services to file their case and finish it off when an agreement is reached.
Our free workshops give attendees the opportunity to ask questions about their case and get information and resources to help them determine what they need to do to resolve their issues.
The question-and-answer format is moderated by Jefferson Stacer, certified family law specialist attorney, CA board of legal specialization, and Dr. Deena L. Stacer, Director of the High Conflict Intervention Program and a relationship specialist with child custody and couples conflict issues.
Learn a little more about the team. Included in this video is a description of how the TeamWorks process works.
The basic Team Works divorce mediation package is designed to assist couples with the filing of their divorce and child sharing/ child custody modification. The couple usually agrees to share equally in the costs and court fees incurred during the course of mediation. Court filing fees are in addition to mediation fees and are paid separately to the Superior Court. Our basic mediation services package and costs are described as follows:
Court Filing Fees: $435 for Petitioner’s filing fee. (This filing fee is paid to the Court Clerk and is subject to change by the court.)
Team Works Basic Divorce Mediation Package without children is: $1995.
Team Works Basic Divorce Mediation Package with children is: $2395.
This includes the following:
- Initial 1.5 to 2 hour single or joint mediation (one or both members of the couple attend);
- Preparation and filing of Court Forms and cooperative service upon Respondent;
- Preparation of complete Marital Settlement Agreement (does not include retirement account joinder and division or other property transfer documents such as DMVtransfer forms);
- Filing of Marital Settlement Agreement/Judgment papers;
- Additional Services: Should additional mediation, further revisions to the Marital Settlement Agreement and/or educational services be necessary to reach an agreement, Mr. Stacer’s services will be paid at the rate of $295/hr. and if the services of Dr. Stacer are required, her rate is $195/hr.
Our free workshops give attendees the opportunity to ask questions about their case and get information and resources to help them determine what they need to do to resolve their issues.
The question-and-answer format is moderated by Jefferson Stacer, certified family law specialist attorney, CA board of legal specialization and Dr. Deena L. Stacer, Director of the High Conflict Intervention Program and a relationship specialist with child custody and couples conflict issues.
Questions about Divorce and Mediation
Mediation is a process in which a trained, neutral third party, helps the couple/persons involved in a family breakup to isolate their issues, then negotiate and create an agreement they will both support and accept.
With the Team Works Mediation system, you will meet with Attorney Stacer, to go through the forms to settle your case. He will answer your questions regarding, division of debts, child sharing, support, and property.
We also offer Free Divorce Information Workshops twice a month to answer your family law questions. Workshops are offered twice a month for anyone who wants to know more about. Read more
In California, almost anyone can act as a divorce mediator whether qualified, licensed, or not. That is why it is best to utilize an experienced divorce lawyer to do the mediation because they know how to properly draft agreements so that they will be enforceable.
One of the primary causes of divorce is a breakdown in communication between the spouses. Any time that spouses who are in disagreement can be gotten together, in a protected environment, with an experienced professional, the communication can be guided towards reaching agreements, which may even include restoring the marriage.
The answer to this question really depends upon what you want to change. For example, in California, there is a strong presumption that agreements regarding sharing children and child support are modifiable the pending upon best interests and perhaps demonstration of a change in circumstances.
The problem with changing divorce mediation agreements is that unless otherwise agreed, all of the surrounding discussions and documents that would explain how the mediation agreement was reached our secret and may not be revealed to a court. This makes it very difficult to change other components in a divorce mediation agreement.
In California, a couple will meet with an experienced professional mediator for one or more sessions to discuss and resolve their differences through compromise, clearing the cobwebs in their communication styles and reaching written agreements. A divorce case may be settled in part, or in whole, depending upon what is agreed to be released from the mediation session. Otherwise, everything that happens, is said, is reviewed during a mediation is protected and secret according to California law.
It is very difficult for divorce mediation to work if a couple is at cross purposes or if emotions are riding very high. For example, if one person once the divorce and the other person is in denial on that issue, mediation will be a long, expensive and slow process. Another example is if there is a recent restraining order type event or case or if there is a recently discovered infidelity, trust between the couple is very low. When mediation doesn't work, it is most likely that the case will then go to court and be very expensive.
Divorce mediation takes place in a private office where confidentiality can be protected. It is best to use and experienced divorce lawyer to do the divorce mediation so that the agreements and settlement documents can be properly drafted.
Generally, both spouses attend a divorce mediation along with one or two mediators. The two mediators might be an experienced divorce lawyer and a mental health or financial professional. It is possible for either or both of the spouses to bring a support person, but this person should be silent and not interrupt the process. It is also possible for both spouses to bring their divorce lawyers to the mediation.
Mediation has become an alternative way to resolve child sharing and parent-child conflicts, to settle divorce and property disagreements, and to resolve issues related to the breakup, without the expensive litigation.
In arbitration, each person presents their side of the case to the arbitrator, who in turn makes a decision on how the conflict will be resolved. The couple does not have any say-so about the outcome of this kind of decision. Mediation offers the couple creative options that a judge would not be able to offer, to resolve the case. Usually a couple can meet one to several times to settle disputes with the mediators.
Mediation can assist both of you in resolving your issues, whether you have an attorney or not. Once an agreement is made, both people are encouraged to have an attorney review their agreement to confirm that their agreement is in their best interest.
The basic Team Works divorce mediation package is designed to assist couples with the filing of their divorce and child sharing/child custody modification. The couple usually agrees to share equally in the costs and court fees incurred during the course of mediation. Court filing fees are in addition to mediation fees and are paid separately to the Superior Court. Our basic mediation services package and costs are described as. Read more
If you have children and cannot agree on child sharing issues, you may need to attend a Family Court Services (FCS) hearing. This is a meeting with a court counselor, (scheduled by filing proper papers, and serving the other parent), in which both parents and the court mediator work out a child sharing plan that you are both willing to follow.
A second court hearing, in front of a judge, called an Request for Order, (RFO) is also scheduled and the agreement you both accepted, in FCS, is ordered. In a case where you cannot agree with the court.
Yes, if you have children and cannot agree on child sharing issues, you may need to attend a Family Court Services (FCS) hearing. This is a meeting with a court counselor, (scheduled by filing proper papers, and serving the other parent), in which both parents and the court mediator work out a child sharing plan that you are both willing to follow.
A second court hearing, in front of a judge, called a Request for Order, (RFO) is also scheduled and the agreement you both accepted, in FCS, is ordered. In a case where you cannot agree with the.
You and your partner can skip the FCS mediation appointment with the court. When you hire Team Works to assist you you will fill in a child sharing agreement as part of the Marital Settlement Agreement. This becomes your court order. Team Works mediators will help you to develop a Parenting Plan that will become your child sharing agreement.
How do we reach a settlement using mediation? Emotions usually drive the conflict in divorce. Legal issues are not usually the only reason couples are involved in the litigation process. Litigation is only one way to seek resolution in a difficult case. Mediation is a great alternative to litigation.
Our basic divorce package includes two hours of mediation, however we are available to help you if you should need additional hours to resolve your case. Our fee for additional mediation is $250 per hour. Any issues the couple feels are important to them can be mediated. Our mediation experts are.
Absolutely!! You may attend any of our workshops. The more you know about your rights and responsibilities and how the court system works, the faster you can get your case resolved and get on with your life. If you would like more information about our other services, such as paternity, modification of child support or child sharing, please contact us or attend our free workshops.
Yes! Team Works Divorce Mediation and Court Filing also co-sponsors a Co-Parenting Education Program for parents involved in custody conflicts. We offer in-person courses and online co-parenting courses.
There are six and twelve week co-parenting courses designed to help parents learn the skills to end their custody disputes with techniques to protect their children.
Dr. Deena Stacer is an international parent educator and high conflict intervention specialist who has been teaching high conflict and co-parenting courses since 1997 for the San Diego Family Courts. She has also earned an international reputation as a specialist with family law and mental health professionals, who work. Read more
In California, divorce mediation agreements if properly drafted, can be binding, if the agreement provides for this and also that the agreement may be used outside of the mediation. The problem is that under California law, everything that goes on with extremely limited exceptions, is secret and may not be revealed or used outside of the mediation unless there is an agreement to do so.
Team Works Mediation and Divorce Court Filing Services offers two FREE workshops a month to help you with your divorce, debts division, and child custody and child sharing questions. At these workshops, family law attorney, Jefferson Stacer volunteers his time to answer your family law questions.
You may come as many times to the workshops to get your questions answered as you would like. You may bring a friend or a family member for support. You do not have to be a Team Works customer to attend these Free Divorce Help, Information, Mediation and Court Filing Workshops.
Workshops are held. Read more
At your initial meeting with Team Works divorce mediator, Jefferson Stacer, Family Law Attorney, will help you resolve your case, answering your questions, and providing you with worksheets and court forms that you and your mate will use to settle your divorce case.
You will also sign the paperwork to get your case filed. When the paperwork comes back from court, we will serve your spouse by U.S. mail or in person. This starts the clock ticking for your divorce to begin and your marital status to end. After this meeting with Mr. Stacer, you and your mate will. Read more
Litigation can be very costly both financially and emotionally. Preparing for a trial is time-consuming as well as expensive, and the outcome may not be favorable to either side. Often, couples who have attorneys recognize that their case may be pending for months while they live in break-up limbo.
Working on an agreement through mediation can often bypass the costly court litigation and limbo so the parties can get on with their lives. Mediation, can assist with this agreement.
By using mediation to resolve money and support issues, division of property assets and debts and to establish positive child sharing schedules, (that are in the child’s best interest), your case can get resolved faster and the agreement can be supported by both of you. Court litigation expenses mount very quickly, rapidly depleting your resources or pushing you into significant debt. These are monies or resources that can instead be used to pay off debts, pay for therapy, buy a house and pay for college rather than on preparing for or experiencing litigation.
If you have any other questions about divorce and mediation please feel free to contact us by clicking the button below and filling out our contact form.