Frequently Asked Questions

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Neurodiverse mediation is a specialized mediation process designed to help individuals with neurodiversity, such as autism spectrum disorder (ASD), ADHD, or dyslexia, resolve disputes in a fair and effective manner.

Traditional mediation approaches may not be suitable for everyone, especially those with neurodiverse conditions. This is because neurodiverse individuals often have different communication styles, processing needs, and sensitivities that can create challenges in a typical mediation setting.

Neurodiverse mediation addresses differenced in parties by: 

1) Creating a safe and inclusive environment:

• Adapting the physical space to reduce sensory overload (e.g., providing noise-canceling headphones)
• Using clear, concise, and plain language
• Avoiding legal jargon
• Allowing for additional time and breaks when needed
• Providing visual aids and other communication tools
• Offering fidget toys or other sensory tools for self-regulation

2) Facilitating effective communication:

• Using mediators specifically trained to understand neurodiverse communication styles
• Clarifying misunderstandings and confirming understanding regularly
• Checking for nonverbal cues that may indicate discomfort or confusion
• Paying attention to processing time and pacing communication accordingly
• Avoiding assumptions and confirming understanding through open-ended questions

3) Addressing sensory sensitivities:

• Minimizing sensory triggers, such as bright lights, strong smells, or loud noises
• Offering alternative communication methods, such as written communication or email
• Providing breaks and accommodations as needed
• Respecting individual preferences for physical touch and personal space

4) Empowering self-advocacy:

• Encouraging individuals to express their needs and preferences clearly
• Providing support and guidance for self-advocacy
• Assisting in identifying priorities and desired outcomes
• Facilitating discussions and negotiations in a safe and non-judgmental environment

5) Achieving mutually beneficial outcomes:

• Focusing on creative problem-solving and compromise
• Exploring options that are fair, reasonable, and acceptable to all parties
• Supporting the development of win-win solutions that meet everyone's needs
• Ensuring that agreements are clear, concise, and easy to understand

The benefits of Neurodiverse Mediation include reduced stress and anxiety for neurodivergent individuals; an increased likelihood of reaching successful resolutions; improved communication and understanding between parties involved; empowered individuals to advocate for themselves and their needs; and promoted fairness and inclusivity in the dispute resolution processes.

The success rate of Neurodiverse Mediation varies depending on the couple or individual and their unique situation. However, we have helped many couples navigate the divorce process. 

Neurodiverse mediators have a law degree, master's degree in dispute resolution, and are a registered therapist who specializes in neurodivergence

Neurodivergent mediation services are available to assist all individuals, yet we specialize in working with families where neurodivergence is present. We can help navigate legal separations, parenting plans, custody arrangements, 730 evaluations, divorce agreements, co-parenting plans and blended family plans.  

During your first session, your counselor will ask you questions about your relationship and whThe legal separation process closely resembles the divorce process. You still file a petition, your spouse files a response, and you have access to the California family court system if you need a judge’s help to solidify a child support or custody agreement.

You also have access to all of the same resources you would if you were divorcing your spouse. For example, you can still undergo divorce mediation, even if you don’t want the decree of divorce once you’re finished.

Also, you can still seek legal advice from a divorce attorney, and the attorney-client relationship will be identical to what it would be if you were getting divorced.

Perhaps most importantly, the terms of your legal separation will be 100% legally recognized, binding, and enforceable. The only difference is that these terms will be stamped into existence on a legal separation judgment instead of a judgment of divorce.

However, if you begin the legal separation process and later decide that divorce is the better option for you and your spouse, you still have the opportunity to file an amended petition and end up with a divorce judgment after all.  at you hope to achieve from counseling. They will also provide you with information about their approach and what you can expect from future sessions.

There are a few reasons you might choose legal separation:

• You aren’t sure you want a divorce yet; you can figure it out while protecting yourself financially and then reverse the legal separation later if you want.
• If you do not want to divorce because of your children or religion, you can legally separate instead.
• If you want to ensure your spouse has access to your company’s health insurance coverage or you want to file a joint tax return, you should legally separate instead of divorce.
• If you need to stay married for a set time so your spouse can receive Social Security and military benefits, then legally separate until you reach that milestone and then decide what to do.

Couples undergoing legal separation are able to bypass certain legal requirements of divorce. One of the most intimidating aspects of getting a divorce is navigating all of the rules and procedures associated with the process. Luckily, opting for legal separation may be a way to (temporarily or permanently) clear some of the red tape.

First, couples who want to get divorced in California must satisfy the state’s residency requirement. Specifically, at least one spouse must reside in California for at least six months before they can legally file for divorce. If you and your spouse do not meet this requirement, your petition will be rejected, and you’ll have to try again later.

Thankfully, California does not have a residency requirement for legal separation. That means if working out the terms of your breakup is urgent, you can file for legal separation instead, and still end up with a binding legal judgment. If you later want to turn your legal separation into a proper divorce, then most of the work will already be done.

Like the residency requirement, the state of California also has a mandatory six-month waiting period. That means between when the petition is filed and when a court will be willing to issue a decree of divorce, you will have a minimum of six months.

However, there is no mandatory waiting period for couples undergoing legal separation. So, if you and your spouse manage to get it done sooner, you will have the legal protections of an enforceable agreement sooner as well.

Legally separated couples maintain (limited) rights and responsibilities.

A marriage consists of a wide variety of rights and responsibilities, some of which you may not want to extinguish, even after you and your spouse have broken up.

For example, a separated spouse is still responsible for making medical decisions should their spouse become incapacitated. This is important protection if one or both spouses does not have a good relationship with an alternative family member who might otherwise be responsible for these decisions.

Additionally, if a separated spouse should die, the surviving spouse maintains the inheritance rights that they would otherwise have in an intact marital relationship. This may be appealing if a separated couple has minor children together, and they want to make sure that more of their assets become available to put towards the raising of those children upon their deaths.

It’s important to keep in mind one very important marital right which is extinguished in cases of legal separation. When a couple is legally separated, they no longer accrue marital property. In other words, if you’re legally separated, the money you make is yours alone, to do with what you please… until you die.

Legally separated couples can reconcile more easily.

You probably know that there is no way to reverse a divorce—they don’t call it a final judgment for nothing. If you and your spouse decide to reconcile, your only option is to remarry, which is less of a legal rewind and more of a new beginning.

However, if you and your spouse decide to reconcile following legal separation, you can reverse the separation at any time.

You simply file a Motion to Vacate Order of Legal Separation if your separation has been finalized or a Motion to Dismiss if it is still underway. In either case, you’re looking at one simple form that you can probably take care of yourself.

Once you’ve done so, you go right back to being married. You even maintain your original marriage date, which has important implications for spousal support should you decide to get divorced or separated in the future.

Divorced people can remarry.

One of the most significant reasons to divorce is to end your current marriage. However, one of the benefits of ending your current marriage is that you can remarry if you want later.

Legal separations are great in specific situations and are particularly appropriate for couples that are not ready or eligible to divorce but need some space from each other to decide. However, they do not finalize the relationship either way.

In other words, when you legally separate, you are still legally married. That means if you end up meeting someone else down the road and decide you want to get married, you first have to file for divorce and finalize that for your first marriage before moving on in a new direction.

Usually, you hear about all the bad things that can happen financially in a divorce, and those are real concerns in some cases. However, there can also be some financial divorce benefits in some situations.

For example, in some relationships, money management was a significant issue between the spouses. Divorce can present an opportunity for greater control over investing and spending money. Also, a divorce is one of the times you can pull money out of retirement without a penalty, which is usually around 10 percent. 

Some people with kids can benefit financially from divorce because they have access to more college financial aid. The lowered income of the custodial spouse might give their child more access to funds. (However, child support and alimony should be included in the application.)

When it comes to resolving family law disputes, many people automatically think of litigation as the only option. However, family law mediation offers several advantages over litigation that can lead to more positive outcomes and less emotional stress for all parties involved. In this blog post, we will explore why family law mediation is a better alternative to litigation and discuss the main points to consider.

1. Communication and Collaboration

In family law mediation, the focus is on fostering communication and collaboration between the parties involved. Unlike litigation, where each side presents their case in an adversarial manner, mediation encourages open dialogue and the exploration of mutually beneficial solutions. This promotes a more cooperative and respectful atmosphere, which can lead to better long-term relationships and co-parenting arrangements.

2. Control and Flexibility

One of the main advantages of family law mediation is the control and flexibility it offers to the parties involved. In litigation, the outcome is ultimately decided by a judge who may not fully understand the unique dynamics of the family. With mediation, the parties have more control over the decisions that are made and can tailor the agreements to their specific needs and circumstances. This allows for more personalized and creative solutions that may not be possible in a courtroom setting.

3. Cost and Time Efficiency

Litigation can be a lengthy and costly process. Court dates need to be scheduled, attorneys need to prepare extensive legal arguments, and the proceedings can drag on for months or even years. In contrast, family law mediation is generally a more time-efficient and cost-effective method of dispute resolution. The process can be scheduled at the convenience of the parties, and the focus is on finding practical solutions rather than engaging in lengthy legal battles.

4. Emotional Well-being

Family law disputes are inherently emotional and can take a toll on the well-being of the parties involved, especially children. Litigation often exacerbates conflict and can lead to increased animosity between the parties. On the other hand, mediation provides a supportive and compassionate environment where the emotional needs of all individuals can be addressed. This can result in reduced stress, improved communication, and better overall mental health outcomes.

In conclusion, family law mediation offers a more collaborative, flexible, cost-effective, and emotionally supportive approach to resolving disputes compared to litigation. By focusing on communication, control, efficiency, and emotional well-being, mediation provides a platform for constructive problem-solving and long-lasting agreements. If you are facing a family law issue, consider exploring the option of mediation for a more positive and satisfactory resolution.

Yes, parties will receive a finalized mediation agreement. All parties are advised to have the finalized mediation agreement reviewed by a licensed attorney and a certified financial planner.