FAMILY LAW EXPERT
I practice exclusively in the area of family law. It’s my one and only focus.
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SACRAMENTO MEDIATION ATTORNEY
TRADITIONAL DIVORCE ALTERNATIVES
Mediation is an option for someone who wants to pursue a negotiated seperation agreement for their divorce, instead of a litigated resolution. There is a possibility for mediation whenever both parties can communicate with each other openly and work together. During this process, both parties meet with a mediator, whose role is helping spouses resolve all the issues relating to their divorce through a series of meetings.
The mediator helps you define which matters that have to be resolved, like:
- Spousal support/alimony
- Marital property
- Child support
- Child custody
MEDIATION PROCESS OVERVIEW
The exact procedures of divorce mediation is up to the mediator, however most start with the mediator collecting background information about your marriage and which issues you and your spouse are dealing with. When the mediator has gathered enough information, she or he begins to facilitate negotiations and an agreement between the parties. This might involve assisting spouses with brainstorming a solution, staying on track, and outlining the necessary steps that need to be taken.
Mediators do not make decisions, she or he only will assist in aiding the divorce negotiation. When the spouses reach an agreement, the court will still enforce the divorce agreement. Since the spouses have already reached an agreement as to the divorce terms, the courts do not have to listen to statements or settle a dispute. The mediation process handles these issues outside the courthouse, minimizing expense and hassle.
BENEFITS OF A MEDIATION
Mediation is an alternative to the adversarial court process involved in a contested divorce, which often leads to disagreements that have to get resolved by a family law judge. Typically mediation costs are much lower since it allows spouses to settle divorce agreements without attorney fees and court proceedings. Mediation is also quicker than a typical divorce progressing through the courts.
There are more divorce mediation benefits such as:
- Chances for improved communications and less conflict in the future
- No public records of the procedure
- Spouses keep control through the process
- You still have the option to hire an attorney for advise
The results from mediations aren’t binding until both spouses agree to their terms. In addition to the money and time savings, it could also lower your stress. With an open line of communications and the help of a Sacramento mediation attorney, spouses could reach agreements amicably for the majority of, if not all issues.
FACILITATING OPEN COMMUNICATION IS THE MEDIATOR’S ROLE
Whether for nuptial agreements or divorce negotiations, mediators remain neutral third-parties that moderate the process, ensuring that each side is fairly represented and heard. As the facilitator, a mediator will not make any legal decision for the parties. Instead of traditional negotiation, mediators help spouses at making the necessary arrangements without the expense and hassles that come from court supervision. Mediators primarily help spouses reach a mutual agreement and stay on track. This lets spouses make arrangements that would be otherwise impossible to reach during heated litigation and court hearings.
Mediators help spouses in many ways, like:
- Keeping spouses informed on all their options
- Remaining neutral in all proceedings
- Listening to both parties
- Assisting in custody arrangement decisions
- Help considering children’s best interest
IS YOUR MEDIATION ATTORNEY QUALIFIED FOR THE JOB?
Your mediation proceeding might only be as good as your mediator. Spouses might expect their mediator to be qualified for the job, but many states have almost no requirements for a mediator. The only things that could help to ensure that your mediations go smoothly is to know which qualities you should expect from a mediation lawyer. The more you expect from your mediator, the better you may be able to ensure the process gets handled effectively.