Mediation is a voluntary, confidential, out-of-court process that helps you and the other party resolve problems rather than attack each other, at a fraction of the time and cost of contested court battles.
The Mediator is a family law attorney, trained in negotiation, conflict resolution and communication. The mediator facilitates a discussion that allows the participants to (1) focus on their goals, (2) address each concern pending in their divorce, and (3) co-create agreements that satisfy both. The participants in mediation, not the mediator, make the final decisions that most affect their lives. When signed and filed with the court, all agreements are binding, as if the judge had issued the orders him/herself. The Mediator does not give legal advice to either party and is not biased in the divorce process. Parties have the right and are encouraged to obtain independent legal counsel for legal advice and to review agreements.
Mediations tend to range in price and duration based on the complexity of the issues, readiness of the parties to resolve, and a number of other factors. During your orientation, one of our lawyer mediators can help you determine a realistic budget for your situation.
With the help of our attorney Mediator(s) you will:
1. Create a Mediation Plan: A goal without a plan is just a dream. You tell us what you want to achieve, and we help you structure a process to succeed. For example: “It is our goal to protect our children from the stresses of a divorce battle, keep our family problems confidential, keep our legal fees in control, and resolve our divorce without going to court”.
2. Identify the resources needed: A second Mediator is available depending on your situation and needs. Perhaps a financial advisor or CPA; perhaps a child specialist; and perhaps both, working with your attorney mediator, will help you achieve the goals you have set, in an efficient and informed way. Why create an agreement that results in greater tax liabilities? A CPA trained in mediation/collaborative practice can help you minimize those tax consequences as permitted by law.
3. Gather information: Mediation addresses the financial, communication, parenting, and legal aspects of divorce so you can make informed decisions. We help you understand the process of divorce so that you can carry out your divorce plan in a timely manner. We also prepare your required financial disclosures. You get the information you need to make the hard decisions a little easier.
4. Make all the final decisions in Mediation: With your plan set and the right information in hand, you and the other party can solve the obstacles in your divorce. While you will receive information on the general state of the law, it’s important to note that you are not limited to only those solutions you might traditionally get in a court room. We inform you on your ability to create whatever agreement works for you and your unique situation.
5. Create a fully enforceable agreement: Once your negotiations are complete, your agreements are set in a custom stipulated judgment that is signed by the all parties involved. Once that stipulated judgment is signed by the judge, it will be fully legally enforceable. Congratulations!
Call (909) 548-2171 or submit the form below to REQUEST AN APPOINTMENT.