Mediation is a process by which the mediator, acting as a neutral third party, helps guide the parties and attorneys to a settlement of the case. Our mediators are knowledgeable and experienced in Family Law matters and provide legal information so the parties can make informed decisions about their divorce. The mediator does not represent either party, does not give legal advice to either party, and does not “decide” the case.
Mediation is a good option for divorcing parties who want to reach an agreement in a private and non-adversarial setting. Mediation can help the parties save time and money, avoid litigation, and create a respectful relationship going forward.
Start-to-Finish with Parties Only
The parties are guided through the entire divorce process from the initial filing of the Petition for Dissolution, through the required disclosure process, to the negotiation of the Marital Settlement Agreement. The mediator prepares the necessary documents based on input from the parties and files documents with the court. If settlement is reached, the parties never have to appear in court.
Each party is encouraged to retain a consulting attorney to advise them on their legal rights and obligations and the pros and cons of settlements being considered during mediation. Consulting attorneys may but are not required to attend mediation sessions.
Parties and Their Attorneys Present
Mediation with Attorneys provides an opportunity for the parties to settle their case and avoid the time and expense of going to trial. The parties and their attorneys attend the mediation session and provide the mediator with a mediation brief setting forth their settlement positions.
If the parties reach a settlement at the mediation, the mediator will prepare a written agreement under Civil Procedure Code section 664.6 that can be enforced as a Stipulated Judgment. If settlement is reached, the parties never have to appear in court.
Mediation of disputes arising after Judgment of Dissolution has been entered is also available, with or without attorneys present.
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