San Mateo County Mediation Lawyer

San Mateo County Mediation Attorney

Most couples do not marry with the intention of divorce. Unfortunately, divorce is sometimes necessary for the well-being of both individuals. Though it may be needed, divorce is not an easy process, nor is it typically free from conflict. Sometimes, the conflict is so contentious that the couple cannot move past their differences to resolve the divorce amicably. When that happens, it may be time to consult with a San Mateo County mediation lawyer.

Working With a Divorce Mediation Lawyer

A divorce mediation lawyer is meant to serve as a neutral third party to the divorcing couple. This means that the mediator is not advocating for one person or the other but rather is there to keep the couple on track with resolving issues and achieving dispute resolution. There are many disputes that a mediation lawyer can help you resolve, such as:

• Child support
• Child custody
• Spousal support
• Property division (including dividing the family home)
• Estate planning

It is also important to note that a mediator does not make the final decisions. Rather, the two parties involved must make the decisions. A mediator can delve further and help discover the needs, priorities, and special interests of the two, thereby helping to develop a mutual list of goals.

Mediation Allows You Some Control in the Divorce Process

In San Mateo County, when you and your spouse cannot come to an agreement on decisions that must be made to finalize the divorce, a mediator is a helpful way to overcome conflict and find a mutual resolution. It is generally a less expensive way to proceed when there is a high-conflict divorce, avoiding litigation which can be long and costly. Often, those who go through mediation come to lasting agreements and do not need to undergo mediation again.

It also allows the divorce to move faster, as the ability to negotiate between the two parties involved creates a collaborative divorce. With the judge’s approval, the negotiating process can be as flexible and unique to your particular needs as you want it to be.

Collaborative Divorces

A collaborative divorce is another legal method of handling divorce. Similarly to working with a mediation lawyer, the two parties will make negotiations regarding the divorce with the help of a collaborative lawyer. Both individuals will work with their attorneys separately and then come back together to meet with their respective legal teams. Typically, a contract is signed between the couple stating that they are making an agreement without having to go to court.

Work Together for a Better Outcome

The goal of mediation is to work together and cooperate during negotiations. For it to be beneficial for the couple, the two must be willing to demonstrate respect to the attorney serving as mediator, the mediation process, and each other. It is important to go into the process also knowing that it is unlikely that both parties will receive everything that they want. It is, however, possible for some couples to reach a settlement outside of court.

Even when mediation does not result in a settlement, it is still a helpful process as it allows the couple to come to an agreement on any issues they can resolve. It also demonstrates to them that even though they are getting divorced, they can still work together to achieve some sort of resolution.

When It’s Appropriate to Use Mediation

Mediation is most useful when a couple wishes to preserve their relationship for the sake of their children, as they must manage effective co-parenting strategies after the divorce. It is also useful if there are several issues on which the couple cannot come to an agreement on due to strong emotions.

This type of collaboration is not appropriate if one of the two individuals is not willing to make any compromises or they are not willing to cooperate at all. It is also not appropriate if one person abuses their power against the other, giving the other spouse no room to speak their mind. The whole point of mediation is to work as a team to come to a solution, and in the instances mentioned above, that is not possible.

FAQs

Q: How Much Does a Mediator Cost in California?

A: For a family law action, the cost is typically a few hundred dollars per hour. The regular rates of the mediator will be applied. Charges are split equally between both parties respectively.

Q: Are Mediators Regulated in California?

A: Currently, the state of California does not regulate mediators. They also do not license or certify mediators. In order to ensure the quality of the services provided by mediators, the Judicial Council used certain rules of conduct that must be followed for those serving in mediation programs for civil cases.

Q: What Is the Difference Between Arbitration and Mediation?

A: There are several differences between arbitration and mediation. First, arbitration involves an arbitrator who creates a binding agreement based on the evidence presented by each party. The mediator, however, allows the two parties to come to an agreement on their own with the mediator supervising. Mediation allows collaboration between the two people involved, while arbitration does not give the two people much say at all.

Q: What Are the Steps of Mediation?

A: The first step of mediation is to discuss your case with your lawyer. You will then declare your position and state what issues you wish to have resolved. Then, you must listen to the opposing side. The next step involves further discussion between the two parties. You will then have the opportunity to meet privately to discuss with the mediator. Negotiations will then be made. Once a mutual agreement has been made, then the mediation process will conclude.

Consult With a San Mateo County Divorce Mediation Lawyer

Divorce is sometimes necessary for a couple’s well-being and, in certain circumstances, for their children’s safety. In the event of a high-conflict divorce, it may not be possible for the couple to come to an agreement without legal assistance. In these instances, it can be beneficial to consult with a San Mateo County mediation lawyer. Contact TDC Family Law, where your case will be handled by a dedicated family law attorney.