Mediation is a process in which you and your spouse sit down with a neutral third party attorney to work out an agreement or reach a settlement. The role of the mediator is to explain the laws as they relate to divorce in California, including property division, support, and custody; to explore settlement alternatives; and to assist the parties with conflict resolution.
The Mediation Process
You and your spouse will meet with one of our attorneys in a series of private sessions. Some couples need many sessions, and some couples only need one or two. The pace at which you work depends on the level of discord between the spouses, whether a parenting agreement is already in place, and whether there is substantial property to divide. The parties will have an open discussion about each party’s goals for the outcome of the case. You will bring and exchange financial information as required under California state law and will work together with the attorney to explore possible ways of settling the case. Mediation gives the husband and wife control over what happens to their family, and how the parties’ property will be divided. Often when two people go before the judge, neither person ends up happy. If you and your spouse make the decisions together, you will retain the right to decide what’s right for your family, instead of giving that power to a judge.
To learn more about the mediation services we offer, contact R & S Law Group to schedule a free consultation.
The Advantages Of Mediation
- Both parties obtain necessary legal information from a neutral, non-adversarial attorney allowing the couple to maintain a respectful relationship and avoid unnecessary hostility that generally results from litigation. There is no “winner” or “loser.”
- Mediation is less expensive than litigation, making it a more economical choice for most couples. A fully litigated divorce can cost $25,000.00 per person!
- Successful mediation does not require any court appearances.
- Mediation allows the parties to control the outcome of the case. The parties are in charge, not the attorneys or a judge.
- Mediation allows the couple to determine the speed at which the divorce process is concluded and is usually much quicker than litigated divorce.
- Mediation assists the parties with children by establishing open and honest communication. Parties who enter into a parenting agreement are much less likely to return to court in the future. The mediator can work with you to implement a parenting plan that is in everyone’s best interest including your children’s.
Frequently Asked Questions
Is The Mediator My Attorney?
A mediator is a licensed California attorney. However, the mediator dos not act as the attorney for either party. The mediator does not have private conversations with either party regarding his or her rights and responsibilities under California law. The mediator’s role is to give each party the same legal information and to empower the couple to make informed decisions for the family unit. Most divorces never reach the trial phase and settle outside of court. Should you reach an impasse and decide that mediation is not for you, each party would be required to seek independent counsel.
Do I Need My Own Attorney?
We will prepare all necessary court documents¸ including the Petition, Summons, UCCJEA, Notice of Related Case, Declarations of Disclosure, and Marital Settlement Agreement. You will be encouraged to seek an independent attorney for consultation, advice, or further information if there are complex issues, such as tax considerations, valuation problems, conflict, impasse, or for review of legal agreements. We charge a flat fee of $995 for the preparation of these documents.
My spouse and I have a complete agreement in place; we just need someone to write it up. Can you help us?
Yes, we can help you with any step of the process.
What Is It Going To Cost?
Contact us today to discuss pricing information.
Contact R&S Law Group for a mediation attorney Orange County trusts.
The information on this page is informational only and should not be construed as legal advice.