Family law involves a variety of different issues. While some cases that are disputed may have to go to trial, others may reach a conclusion in mediation. Mediation is the informal process of discussing all the major issues of a case to reach a conclusion. Family law dissolution mediators try to balance the negotiating power between the parties, which can produce agreements that are more fair and voluntary. Unlike trial, where a judge makes a final court order on all decisions, the parties in mediation can work together to reach a creative solution. During the mediation process, the mediator is a neutral, third party that provides information on the applicable law and helps the parties resolve their issues through agreements.
Mediation is part of nearly every family law case. Participating in mediation allows both parties to emphasize what’s important to them and keep costs down as the case moves forward. Needless to say, mediation is a vital aspect of any successful family law resolution. During the mediation process, the mediator is a neutral, third party that provides information on the applicable law and helps the parties resolve their issues through agreements. Mediation is often more cost-effective, efficient, and productive than litigation. Other benefits to mediation include creative solutions, confidential environment, control over outcomes, and improved communication between the parties.
The Family Code defines “collaborative law process” as the process in which the parties and any professionals (their lawyers, accountants, family counselors, etc.) engaged by the parties to assist them agree in writing to use their best efforts and to make a good faith attempt to resolve disputes related to their dissolution, legal separation or nullity matter “on an agreed basis without resorting to adversary judicial intervention.” [Fam.C. § 2013(b)].
In many divorces, parties and their lawyers have a “win-lose” approach toward litigation. A divorce case becomes a zero-sum game. But in a collaborative divorce, parties use mediation and negotiation to settle their divorce. This collaborative approach can help resolve a divorce in a peaceful, less expensive manner.
Each party hires their own attorney from separate law firms. Divorcing spouses and their attorneys meet as a group – more than likely, this will occur as a series of meetings. Depending on the situation, sometimes other professionals such as child custody specialists or licensed mediators may be brought in to help along the process. Depending on the situation, sometimes other professionals such as child custody specialists or licensed mediators may be brought in to help along the process. We are here to help guide and advise you to to determine if private mediation is the right fit.