Redwood City Mediation Lawyer

Redwood City Mediation Attorney

Divorces can be messy and overwhelming to handle, especially when most of the process is done within the uncomfortable and foreign setting of a courtroom. Rather than pursuing a divorce in this fashion, there is a secondary option that you may not be aware of. Mediation is a route that you could take to eliminate the pressures of the courtroom. An experienced Redwood City mediation lawyer can walk you through what this process could be like.

What Is Divorce Mediation?

The primary characteristic of divorce mediation, which makes it a desirable option for many couples, is that it allows both individuals to negotiate the divorce terms themselves rather than having them decided by a judge in court. This process is not done solely between the separating spouses; instead, it is mediated by a neutral third party who has experience in these cases.  Many neutral mediators require the parties to engage consulting attorneys to help them better understand the issues, their rights and responsibilities, and review any agreements before making them final orders. This can help each spouse obtain the outcome they want and that their agreements are enforceable the way that they agreed.

Divorce mediation can cover an array of issues that would alternatively be handled in court, including the division of property and assets, alimony, child support, custody, and more. Decisions such as these are important and often have personal aspects to them that should be taken into consideration. Mediation can help ensure that each spouse’s desires are heard and considered before definitive decisions are made in these areas.

Litigated Divorce vs. Mediated Divorce

One of the greatest differences between a litigated divorce and a mediated divorce is that a litigated divorce takes place primarily inside the courtroom. It involves the oversight of a judge throughout the process. Conversely, mediated divorce takes place outside of and away from the courtroom.

In a litigated divorce, one or both spouses are requesting that the court take it upon themselves to decide and set the terms for the divorce. This includes critical issues such as child support and custody, alimony, and asset division. This is often the process chosen when spouses cannot agree on the terms of a divorce, so they must have someone else decide for them. The judge would make these decisions in cases such as these.

The cost of a litigated divorce is often high because there is a lot of time put into resolving these cases, both by court and by the legal representation of each spouse. Litigated divorce often takes much more time than a mediated divorce would, as couples must wait for the judge to make certain decisions as well as for court dates to be set.

In a mediated divorce, both spouses have agreed to work together to reach agreeable solutions with the help of a third party, such as a mediation attorney. The mediator is different from a judge in that they do not make any decisions for the couple but rather facilitate discussion and decision-making between them. This oftentimes gives each spouse more say in the terms of their divorce than they would have if their divorce was being determined by the court.

The Process

The first step in beginning the process of divorce mediation is ensuring that both you and your spouse agree to use this method. Mediation simply will not work if both parties do not wish to go this route. Once you have both agreed to mediation, you must find an experienced legal mediator, such as a divorce mediation attorney, who can be the neutral third party to guide you through the mediation.

You may also want to hire a consulting attorney that can help you to understand the process, understand the different issues in your case, help you formulate a fair and equitable range of positions for settlement, and be available to provide you advise as you need advice, including reviewing anything you are requested to sign to finalize your issues.  You want to make sure what you sign is what you agreed upon and is enforceable as it was agreed upon.

Once you have secured your mediating attorney, they can begin to help you understand the legal process of divorce mediation. This will likely take place through ongoing private meetings in which your attorney mediator explains the options that you and your spouse may have for property division, child support, child custody, alimony, and more. You and your spouse will have the opportunity to agree on the terms and conditions that will govern these matters.

Once you both have agreed on the resolution of these issues, the terms will be solidified in a Marital Settlement Agreement. Your attorney can also work with you to ensure that all technical divorce requirements in California are met; that way, it may not be necessary for you to ever go to court.

What If My Spouse and I Cannot Agree?

If you and your spouse have attempted divorce mediation but cannot come to an agreement on one or more terms, you may have to go to court. The only way that divorce mediation can succeed is if both spouses can agree on all matters, oftentimes through compromise on both sides. A mediation lawyer cannot make any decisions for you regarding your divorce terms, but a judge in court can.

When couples can’t agree on divorce terms, they have the option of granting a judge the power to make these decisions for them. The judge’s ruling will oftentimes not take into account your personal preferences. Rather, it will hinge on the facts of the case, which is why it is usually preferable to attempt to settle these issues through mediation.

The Cost of Divorce Mediation

The cost of divorce mediation in Redwood City will vary depending on:

• The particulars of your case
• How much time a divorce mediator must spend working with you and your spouse
• Which divorce mediation attorney you choose
• If you hire a consulting attorney and how frequently you consult with the attorney

While it is not cheap to hire a mediation attorney, it can often be significantly more cost-effective to use a single divorce mediator instead of each party paying an attorney to prepare a court case and then represent them in court.

How a Divorce Mediation Attorney Can Help

Divorce mediation attorneys can help in a variety of ways, including:

• Resolve conflict and disagreements.
• Explain the necessary legal steps to obtain a divorce.
• Help both spouses reach voluntary resolutions.
• Draft the necessary marriage dissolution papers.
• Facilitate negotiation.
• Facilitate healthy communication.
• Provide information about the law.
• Help each spouse understand their legal rights concerning divorce.

Divorce Mediation Attorney in San Mateo County, CA

If you and your spouse are seeking a dedicated, experienced divorce mediation lawyer, TDC Family Law can be that mediator. Contact us today to learn more about how divorce mediation may be the right option for you.