TDC Family Law
  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
  • Resources
  • Contact

TDC FAMILY LAW BLOG

Questions and Answers about Mediation

6/29/2017

2 Comments

 
Picture
We have discussed mediation in a previous blog post, but there are so many questions about Divorce Mediation that we thought it would be good to revisit the subject.   As we previously discussed, mediation is a voluntary process in which both parties hire a mediator to walk them through the process of finalizing the terms of their divorce.  The process ends with a full legal divorce and you do not have to step foot into a courtroom at all.

With mediation, there are no attorneys present, however, you are still entitled to hire a mediation coach to ensure you are prepared to go into the mediation sessions on our own.  Tracy Duell-Cazes provides mediation coaching through her Family Law practice.  You can call our offices to talk to Tracy about the mediation process as it pertains to your specific situation.

In general, there are lot of questions that people have about mediation, so we want to go through some of them here.

As we said, the process does lead to a legally binding divorce.  The difference is that the terms of the divorce are fully what you have negotiated.  There are no preset formulas or judges unfamiliar with your situation making decisions for you.  Mediation is a non-confrontational process, so there are usually no attorneys during the process.  That doesn’t mean there will be no disagreements, there are bound to be quite a few.  The job of the mediator is to get past the arguments and have both parties come to a place where everyone is somewhat satisfied, or at least where everyone can live with the decision.

We are mediating our divorce, but does that also include child custody and visitation?

Absolutely.  This is one of the most important areas of the process.  Anything dealing with the kids are sensitive issues.  It is also where most of the animosity comes from through a courtroom hearing.  Instead of custody and visitation being dictated by the court, it is agreed upon by the parents.  This makes it much more likely that the settlement will be fair and amicable for both of you leading to less problems down the road.  When it comes to kids, you are still going to be associated with your ex for a number of years, not to mention getting together for major life events.  It works out better for the parents and the kids when the custody issues are resolved by the parents rather than a stranger.

Our situation is much too complicated for mediation.

Actually no, it may not be.  Every divorce has its own unique complications.  There are assets to divide, there may be investments and businesses involves as well.   Mediation can even resolve issues about taxes and issues arising if one spouse decides they want to move out of the area.

So, mediation can be used for everyone?

No.  Mediation is not for everyone.  If one or even both spouses are unable to come to the table to discuss issues in a productive way, then mediation will not work.  There are also cases where the divorce is being initiated due to an abusive relationship.  In cases like that, it may take the force and even threats of a court order to implement the orders and protect the person being abused.

At TDC Family Law, our focus is the family.  We do not look at every case as one where we have to go to court.  We look for ways to resolve issues in a way that protects our clients, our clients kids and other interests and we try to do so without deepening the rift between the spouses. We realize that in so many cases the ex-spouses’ lives are still intertwined even after the divorce is final, whether due to kids, investments, or a family business.  Mediation is a great process for achieving the end of a marriage that is not working while working to maintain an amicable relationship so everyone can move on without being angry or bitter.

2 Comments
Millie Hue link
2/21/2019 09:06:21 pm

Thanks for pointing out that mediation will be able to fix the issues regarding taxes and if the other party wants to move out. I will share this information with a friend of mine now that she wanted to file for divorce against her husband. It appears that they have joint accounts wherein taxes need to be paid, so she would really have to get this done to have fewer things to think about.

Reply
Ellie Davis link
12/9/2019 06:15:21 am

It's interesting to know that every divorce has it's own unique complications, and a mediator must be needed. my brother is getting divorced, and we are looking for advice to help him. I will let him know about the importance of hiring a mediation lawyer to help him during the process.

Reply



Leave a Reply.

    Archives

    December 2020
    October 2020
    September 2020
    August 2020
    July 2020
    May 2020
    April 2020
    March 2020
    January 2020
    December 2019
    October 2019
    September 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    January 2019
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    June 2017
    May 2017
    March 2017
    February 2017
    December 2016
    November 2016
    October 2016
    August 2016
    May 2016
    April 2016
    March 2016
    February 2016

    Categories

    All

    RSS Feed

Search TDC Family Law

Find us on FACEBOOK
Find us on GOOGLE
10.0Tracy Duell-Cazes
Tracy Duell-CazesReviewsout of 10 reviews
Law Pay Logo
© 2020 TDC FAMILY LAW  All Rights Reserved.
Disclaimer - Privacy Policy 
1530 THE ALAMEDA, SUITE 108
SAN JOSE, CALIFORNIA 95126
TEL: 408-267-8484/FAX: 408-267-8489
www.TDCFAMILYLAW.COM


Santa Clara County/San Mateo County San Jose, Santa Clara, Cupertino, Los Altos, Sunnyvale, Los Gatos, Monte Sereno, Saratoga, Palo Alto, Morgan Hill, Gilroy, Redwood City


DIVORCE/CHILD CUSTODY/CHILD VISITATION/CHILD SUPPORT/SPOUSAL SUPPORT/PERSONAL PROPERTY AND REAL PROPERTY DIVISION/CONTEMPT/MODIFICATIONS/DCSS/COURT APPEARANCES/PRIVATE SETTLEMENT JUDGE/EX PARTE MOTIONS/DOMESTIC VIOLENCE/RESTRAINING ORDERS/BUSINESS MATTERS/CONSULTING ATTORNEY IN MEDIATION/ REGISTERED DOMESTIC PARTNERS (RDP) AND SAME SEX MARRIAGES
Website updated and maintained by Boxer Media Services Corp.
  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
  • Resources
  • Contact