What the mediator needs
A mediator helps the spouses reach their own agreement. When the home is part of the discussion, the mediator may find it useful to have one dated written value to discuss. A neutral written appraisal supplies that opinion, with the valuation date and the comparable sales visible. The spouses may accept it, challenge it or ask for another opinion, and the appraisal does not decide the matter.
How the report is used in a session
The spouses can read the same report and ask the same questions. The mediator can point to the comparable sales to explain how the value was reached. If someone disputes a fact about the home, such as an addition, the report shows what the appraiser relied on, and the spouses or their counsel can raise the question with the appraiser. The report is evidence for the discussion, whether it is accepted jointly or disputed. Randy M. Sonns describes his role on his divorce page as a reliable third party who works with the attorney.
Deciding who sees it
Intended users and recipients are agreed in the engagement and are not always the same. If a mediator should receive a copy, say so when you order. Your attorney can advise whether and how to share the report.
Preparing for mediation
Agree the valuation date with the other side or counsel.
Order the appraisal early enough that the report is ready.
Read the comparable sales and note questions.
Bring a dated list of improvements and repairs.
The legal background
California Family Code section 2552 has the court value assets as near as practicable to the time of trial, or at a date after separation and before trial on 30 days' notice and good cause. Which date applies in a mediated agreement is a question for the spouses' counsel, because it depends on the circumstances and the applicable legal requirements. This is general information, not legal advice.
For the service, see divorce appraisal in Los Angeles. For related reading, see why you need an appraisal before a divorce settlement and how attorneys use divorce appraisals.
Frequently asked questions
Can the mediator order the appraisal?
That is for the spouses and mediator to arrange. The engagement says who is the client.
Is the report confidential?
Ask the appraiser how copies are handled, and ask your attorney about sharing.
Does the appraisal replace negotiation?
No. It supplies evidence for it.
What if the spouses want to look at more than one date?
A report can contain more than one clearly identified value and date if the order asks for it. Ask Randy at ordering, and have counsel confirm which date matters for your agreement.