Mediation

A family law mediator helps families resolve disputes out of court.  

Mediation allows you to take control of planning your own life again and make good decisions about your future.  Both parties benefit from mediation especially after a long-term marriage.  It is especially beneficial for parents, who though separating, will need to continue making joint decisions about their children well into the future.  The decision-making process  learned in mediation can serve as a model for future communications.  Also, mediated settlements have a consistently higher compliance rate because the parties created their own agreement.  

Our mediation is private and confidential.  Private mediation is not the same as the mandatory "mediation or conciliation appointments" which are scheduled at the courthouse before your case will be heard involving child custody disputes.

Call us anytime at: (714) 390-6969

Here is a collection of frequently asked questions about mediation:

WHAT DOES A MEDIATOR DO?

A family law mediator is a neutral third party specially trained to help couples with dispute resolution.  The mediator can be a divorce lawyer or not be a licensed attorney at all.  This means resolving the issues in their divorce and performing the following tasks.

• Facilitates the communication between the parties by making sure each party is given an uninterrupted time to speak;

• Asks parties to restate or explain a point when necessary;

• Asks questions to make communication clear;

• Provides information about the legal system;

• Describes how issues may be viewed by judges;

• Fair discussions on support factors

• Identifies alternatives for solving issues

With respect to the amount of support, a State Guideline calculation is provided for your information, based on gross monthly income(s),  averages for the last 12 months.  

HOW DOES THE PROCESS WORK?

The mediation process consists of the couple and the mediator meeting in a series of mediation sessions, usually for one hour.  Discussions revolve around how to compromise on the various issues in order to meet the needs of both parties.  The mediator assists by providing information about the court system and common ways to resolve disputed issues.  

HOW DO DIVORCE COURT DOCUMENTS GET FILED?

The mediator is a family law paralegal or legal document assistant (LDA) and files all forms with the court on your behalf, starting with  the Petition, preparing and filing the required disclosures and preparing and filing the final judgment to be signed by a family law judge.

WILL WE HAVE TO APPEAR IN COURT?

No court appearances are necessary by either party.

HOW LONG DOES MEDIAITON TAKE?

The complexity of the issues and abilities of the individuals to be flexible as they negotiate a fair agreement determines the length of mediation.  Every case is different, but the average case usually takes at least one or two half-hour sessions, spread out over at least a month.  More complex cases can take up to three months to complete.

WILL OUR AGREEMENT BE ENFORCEABLE?

Once the final judgment has been signed, it's enforceable.  The final judgment incorporating the agreements is filed with the court and is just as enforceable as any contested divorce judgment.

SHOULD I SEE A LAWYER DURING MEDIATION?

Mediation is not a substitute for the services of a qualified attorney.   Keeping in mind that it is the lawyer's job to make you feel that you need them, both parties are encouraged to obtain independent legal advice.  Even when the mediator is a lawyer, they can't give either party legal advice.  

WHAT IF MY CASE IS TOO COMPLICATED FOR MEDIATION?

No case is too complicated for mediation.  Some parties in mediation consult with outside experts such as accountants, appraisers, financial planners, and attorneys during the process. 

WHAT IF WE CAN'T AGREE ON ALL ISSUES?

It is fairly rare to agree on all but one or two issues, but even if that is the case mediation is seldom wasted.  An agreement can be prepared on all settled issues, and the parties can either litigate the remaining issues or take further time to think about them and come back to mediation.

WE DON'T GET ALONG WELL - HOW CAN WE POSSIBLY MEDIATE?

Although many mediating couples are amicable and work well in mediation, there are also many who are very emotional about the divorce and don't think they can negotiate face to face.  Part of every qualified mediator's training is in assisting couples who have high emotions but who still would like to work things out peacefully.  People do calm down and become effective mediation participants when they see that the process can work without adding to the high emotional and financial cost of divorce.