Mediation
We mediate anywhere in California, coming to your location by means of video conferencing.
We mediate cases in dissolution and civil disputes such as small claims, landlord/tenant, and between neighbors. To avoid costly litigation and maintain control of your issue, a third-party neutral mediator helps the disagreeing parties communicate and come to a settlement agreement that may or may not involve the courts. The mediator helps to uncover underlying reasons for the disagreement, of which the parties may not be aware.
For example, Divorce mediation is about you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and your children if any. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effectively as possible. The issues covered include but are not limited to the following:
- Distribution of Property (Assets/Liabilities)
- Child Custody and Parenting Time
- Child Support/Maintenance
- Spousal Support
- Retirement
- Taxes
A divorce mediator is neutral and doesn’t “work” for either parent. That means the mediator can not give advice to either party. They must remain neutral no matter what the situation.
What the mediator can do, though, is assist the divorcing couple in formulating ideas that can eventually lead to agreements that will stand the test of time. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
Mediation is voluntary. It continues only for so long as all three of you – you, your spouse, and the mediator — want it to. Mediations can be conducted daily, weekly, or however often the couple wants them to be. This is their mediation and they decide everything in the process.
How long does mediation take and what are the costs?
The length of mediation depends on what issues have been agreed to prior to mediation and those issues that need to be addressed during mediation. Also, the amount of time spent in mediation is contingent upon the parties’ willingness to come to agreements that are equitable for them.
On average, pre-decree divorce mediation can be completed in 1-10 sessions. Again, how long it takes really depends on what if any communication there is between the divorcing couples and their level of animosity for each other. If either one of the spouses is unwilling to budge from their certain position on a divorce issues, mediation may not be an option for them and they may have to litigate in court. Once this happens, communication is shut down and the fight begins.
In 2023, the average mediated case cost upwards of $3000 to $5000, depending on the number of sessions needed. In turn, the average litigated case in the courts cost $17,500 or more and took 18 months to settle. Keep in mind, the litigated cases led to more spite and frustration between the divorcing couples, usually leading to a lose/lose situation for both. Not many people walk away from a litigated divorce feeling satisfied. On the other hand, couples who went through mediation felt satisfied with the agreements they had reached and both walked away feeling that they had gotten what they had wanted. Who would you rather have decide what happens with your children and assets after a divorce, you during mediation or attorneys and judges during a divorce in the courts? Who knows more about you, attorneys, judges or you? Why have people who know nothing about you tell you how you are going to live the rest of your life.
Also, divorce in the court system is public domain. Anybody can sit in court and hear the specifics of your divorce. On the other hand, mediation is confidential, private and conducted behind closed doors. In mediation, there are no attorneys putting up walls between you and your spouse. Mediation is about working together, doing things in the best interests of your children and focusing on being able to be parents for your children for years to come. Unfortunately, divorce in the court system is designed to put up that wall and limit communication, which inevitably leads to many post divorce problems and many more hours and thousands of dollars in court.