What is mediation?
In order to obtain a divorce all of the issues pertaining to your divorce need to be resolved in some manner either by agreement or court order. Those issues will include all or some of the following: status (changing your status of married person to single person), child custody and visitation, child support, spousal support, and property division (this includes retirement benefits and division of assets and debts).
Mediation is useful when you and your spouse agree on most of the aspects of your divorce but want a neutral person to assist you in arriving at an agreement on all of the pertinent issues that must be submitted to the court. In Mediation, the mediator can help you and your spouse identify the issues for discussion, gather and exchange information and documents, explore settlement options and facilitate the resolution of issues to the satisfaction of both of you outside the public Courtroom.
One of the mediator's tasks is to assure that both of you are heard and hear one another. Our attorneys are trained to identify any power imbalances which may exist between you and your spouse, and will be able to help keep the focus on the issues at hand.
Mediation is not arbitration. The role of the mediator is to promote and encourage you and your spouse to make your own decisions, not make the decisions for you.
We will explain how the law would deal with your issues; however, your agreement need not follow the law if you both arrive at a mutual agreement. By allowing us to assist you, we will prepare a draft of your agreement so that you will be able to review it in writing and have the opportunity to reflect on it and feel comfortable with it before it is signed.
We will use our skills at communication, knowledge of the law, and our compassion for the emotional difficulties experienced by both parties to help you arrive at an agreement that you are both satisfied with.
Mediation is useful when you and your spouse agree on most of the aspects of your divorce but want a neutral person to assist you in arriving at an agreement on all of the pertinent issues that must be submitted to the court. In Mediation, the mediator can help you and your spouse identify the issues for discussion, gather and exchange information and documents, explore settlement options and facilitate the resolution of issues to the satisfaction of both of you outside the public Courtroom.
One of the mediator's tasks is to assure that both of you are heard and hear one another. Our attorneys are trained to identify any power imbalances which may exist between you and your spouse, and will be able to help keep the focus on the issues at hand.
Mediation is not arbitration. The role of the mediator is to promote and encourage you and your spouse to make your own decisions, not make the decisions for you.
We will explain how the law would deal with your issues; however, your agreement need not follow the law if you both arrive at a mutual agreement. By allowing us to assist you, we will prepare a draft of your agreement so that you will be able to review it in writing and have the opportunity to reflect on it and feel comfortable with it before it is signed.
We will use our skills at communication, knowledge of the law, and our compassion for the emotional difficulties experienced by both parties to help you arrive at an agreement that you are both satisfied with.
What are some benefits to mediation?
There are many benefits to participating in mediation rather than litigation. Below we discuss a few of the most significant ones.
- Privacy. Mediation is completely private. Typically, you and your spouse will meet with the mediator in the privacy of our office. If you reach an agreement through mediation, you will not have to step foot into a courtroom or confront a Judge.
- Cost. Despite the fact that you and your spouse are encouraged to consult with independent counsel during the mediation process, the cost of mediation is typically much less than the cost of courtroom litigation that could easily end up in the tens of thousands of dollars on each side.
- Control. Mediation gives you control over the decision-making process and the result. Decisions and agreements will be those of you and your spouse, not those mandated by a judge, arbitrator, or evaluator. You determine the timing of the process, and schedule appointments on dates you select.
- Reduction of conflict. Mediation benefits children, and the parties, by reducing conflict. Your mediator will take you step by step through the most difficult issues you and your spouse are facing and help you reach a common ground and compromise.
- Pace. Mediation allows you and your spouse to proceed at your own pace and maintain a cooperative working relationship. In litigation, one can often finds oneself in court at the end of a hearing, after having argued for only a few minutes, with the Judge rattling off many orders regarding many different issues all at one time. It can be a completely overwhelming and shocking experience. Mediation allows you to tackle one difficult issue at a time and dedicate whatever time you two feel is appropriate on each issue.
Disclaimers: This web site is designed for general information only. Information posted on this site does not constitute legal advice. By accessing this site, you do not form an attorney-client relationship with Maria E. Crabtree. Family law is a state-specific practice, and Maria E. Crabtree only represents clients whose cases are within California's jurisdiction.
