Sacramento Family Law Mediation Attorneys
Mediation is a common form of alternative dispute resolution. Unlike litigation, family law mediation focuses on minimizing conflict and resolving family law issues without the need to go to court. With the assistance of a neutral mediator, parties work together to create customized solutions to issues involving divorce, legal separation, division of property and debts, child and spousal support, as well as child custody and visitation matters. Our family law mediators have undergone extensive training and are equipped with the skills necessary to assist you in negotiating and resolving the issues presented in your case, in the comfort and privacy of our office. At our law firm, our meditators are practicing family law attorneys and Certified Family Law Specialists (CFLS). Contact our office to schedule a complementary consultation with an experienced Sacramento family law mediation attorney at (916) 840-2050.
What Is a Collaborative Divorce?
A collaborative divorce is one in which both parties work together on solutions for key matters such as child custody issues, real estate division and alimony. Rather than going head-to-head with each other during a divorce trial, the parties communicate and compromise on how to resolve the case. Another word for a collaborative divorce is a no-contest divorce, meaning that neither party contests the terms of the split. While it is common for a couple to have a contested divorce in the early stages of a case, mediation and other alternative dispute resolutions can turn it into a no-contest divorce instead. A collaborative or no-contest divorce can be beneficial for you and your family in many ways. It will cost less money in legal fees than a divorce trial. It will also be a matter that stays private, whereas a divorce trial automatically becomes part of public record. A collaborative practice is also easier for a family mentally and emotionally. Rather than having to go up against your ex in court before a judge, you can both resolve the issues at hand privately, with only attorneys and mediators in the room with you. Finally, a collaborative practice for divorces generally end faster than a noncollaborative practice. Without needing to wait for a trial date, you can get divorced in California in as little as six months with mediation services.
How Can the Mediation Process Lead to Cooperative Divorce Solutions?
The most common collaborative divorce solution is mediation. Mediation happens in a private setting, where you and your ex-spouse can negotiate the terms of your divorce with problem-solving in mind. During the mediation process, both you and your ex-spouse must be willing to have an open mind, compromise on the terms of the divorce and negotiate for a solution that works for both of you. You may or may not have an attorney representing you during mediation. It is up to you. A lawyer can, however, facilitate more open conversations. The mediator is not there to create a divorce order. He or she will simply offer creative solutions for better odds of a successful resolution. It is up to you and your ex-spouse to either come to a settlement during mediation or to continue to contest the other spouse’s wishes. If mediation fails, you may try another cooperative divorce solution such as arbitration. Arbitration is slightly more formal than mediation. The arbitrator, like a judge, will have the power to make decisions for you. At the end of arbitration, however, you and your ex-spouse will have the option to either reject or accept the arbitrator’s solution. If arbitration fails, your case will go to trial.
What Are the Advantages of Divorce Mediation?
Divorce mediation is a much easier process than a trial in Sacramento. Working with a licensed mediator can resolve disputes without the case needing to go to a California court. Avoiding divorce court means cutting out the time, costs and stress of going to trial. This can be especially important if your divorce involves small children. Putting your family through the full complexities of a divorce process, along with a divorce trial, can be much more stressful than settling matters via mediation. Mediation is a way for your family to protect a child’s psychological and emotional well-being. It can also save you the stress of a conflict with your ex. Another advantage of implementing divorce mediation services, is that you remain in control of your solution. Once your case goes to trial, the end result will be out of your hands. It will be a judge’s decision about how to go about property division and award custody of a child. With mediation, however, you and your ex-spouse remain in control of the outcome. If you do not agree with your ex about something, you can both use attorneys to negotiate a mutually agreeable solution. You do not have to resolve your issues in one session.
Contact a Sacramento Mediation Divorce Lawyer
Mediation can involve as many meetings as you and your ex-spouse need to settle on all the terms of your divorce. If you think mediation could be the right solution for you, contact our law firm at (916) 840-2050 or via our online contact form for a free consultation. Our divorce mediators are here to offer legal advice and help resolve familial disagreements