Los Angeles Mediation Lawyers

Mediation

Mediation bypasses the lengthy and sometimes expensive process of getting a divorce in a court. In court, divorcing spouses appear before a judge who issues orders on divorce-related matters like division of property, spousal support and child custody and support. Spouses who choose mediation instead hire a mediator, a neutral expert in family law who helps them come to their own agreement on those issues. Divorcing couples with contested child custody matters are also often ordered by the judge in their case to go to a court-appointed mediator. In either case, if they reach an agreement, they can simply file it with the court and complete their divorce without the hassle and expense of going before a judge.

At Wallin & Klarich, we believe mediation is often the best way to dissolve a marriage. We’re not alone — more than 90% of all divorces are mediated rather than brought to trial. Mediation is generally faster than a divorce that takes place in court, often ending in two or three months. For that reason, and because spouses share many of the costs of the case, it can also be significantly cheaper. Even spouses who are angry with one another or believe the other person is not “playing fair” may be able to benefit from mediation, because the process helps them come to a voluntary, mutually acceptable agreement. Studies show those who use it have higher satisfaction with their divorces and a lower chance of returning to court to re-litigate the matter.

While you may represent yourself before a mediator, just as you may in court, there are many advantages to hiring an Orange County family law attorney for a divorce mediation. A California divorce attorney can advise you on how best to present yourself, your assets and your custody preferences before a mediator; advise you of your legal rights and options during the mediation; and, if you’re only mediating custody, represent you in related matters such as child support and property division. An attorney can also take the burden of preparing documents, communicating with an ex-spouse and other divorce tasks away from you, so you can concentrate on helping yourself and your family through a difficult time.

Wallin & Klarich has more than 30 years of experience in family law. Our California mediation attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome — if necessary. And with 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

Mediation – Overview

When couples divorce and the marriage produced children, California law requires the couple to attend mediation, a court-sponsored service that tries to resolve child custody rights without litigation.

Two types of custody exist: physical and legal. Physical custody means who the child lives with, and legal custody means who has authority to make decisions on behalf of the child. Either type can be joint, or given to solely to one parent. Child custody can be one of the most contentious issues in a divorce.

The mediation serves as a filter for the court: because of large family law caseloads, the court wishes to conserve its resources by resolving issues on which the parties agree, and focusing on the issues the parties contest.

If the parties come to an agreement on child custody issues at the mediation, the mediator will ask both parties to sign the agreement, called a stipulation, which the mediator submits to the court. The agreement is also called a “parenting plan,” “parenting agreement,” or “custody and visitation agreement.” Mediation may result in agreement on certain issues, but not on others. The mediation agreement will include the details that the parties agree on. Unlike divorce court litigation, mediation is designed to be as non-adversarial as possible, meaning that the parties are encouraged to agree with each other, as opposed to arguing the weakness of the other side’s arguments.

If mediation fails, or if some issues are left unresolved, then the parties can go to divorce court to settle unresolved child custody issues.

Though it is not necessary to have an attorney, having a Southern California divorce lawyer with you at the mediation will ensure that your rights are protected. Mediators act on behalf of both parties so, by definition, they do not have your exclusive interest at heart. Child custody is one of the most important issues in divorce, and if you fail to secure your rights initially, it difficult to convince the court to correct itself. That is why you need a Southern California child custody attorney with you throughout the entire divorce proceeding so that you can be protected throughout the whole process.

If you or someone you know is going through a divorce, you will need an experienced Southern California child custody lawyer to aggressively represent you. For over 30 years, the attorneys at Wallin & Klarich have helped people dealing with divorce issues such as child custody. Call us today at (888) 749-7428. We will be there when you call.

Mediation – Who Are the Mediators?

Mediators are people with special education and training hired by the court to deal with child custody matters. They must have a master’s degree in counseling or social work, and at least two years relevant experience. Though mediators must have knowledge of the California family law court system, they are usually not attorneys. They have a responsibility to be neutral and objective, and to come to the best decision based on the circumstances of both parties.

Mediators are trained to be sensitive to the high-conflict circumstances surrounding divorce, and child custody specifically. Thus, they will try to direct the parties toward issues on which they can agree, and steer the parties away from contentious or irrelevant issues that may derail the mediation process.

Though mediators are educated and trained in counseling, their counseling background is used to facilitate the main purpose of mediation: coming to an agreement on child custody issues. The mediation is not a counseling session, and parties should not feel free to air their grievances with the other party. The court or the mediator may recommend counseling sessions if either feels that the recommendation is appropriate.

Mediators work for both parties and, thus, do not exclusively represent your interests. Because their purpose is to be neutral, you cannot rely on them to present every argument on your behalf. However, since parties can be represented by lawyers at mediations, you greatly increase your bargaining power if you have a Southern California divorce lawyer on your side to represent you at the mediation hearing. If the other side has an attorney, it becomes imperative for you to be represented by an attorney as well: you should never go into a mediation or hearing against a trained legal professional. Unlike criminal proceedings, you do not get free legal counsel in a family law matter.

If you or someone you know is going through a divorce, you will need an experienced Southern California child custody lawyer to aggressively represent you. For over 30 years, the attorneys at Wallin & Klarich have helped people dealing with divorce issues such as child custody. Call us today at (888) 749-7428. We will be there when you call.

Mediation – What Is the Mediation Process?

The purpose of mediation is to help the parties come to an agreement about child custody, and to allow both parents to see the child if possible. If you are going through a divorce and the marriage produced children, you will have to go through this process.

First, you must set an appointment to meet with the mediator. Usually, the mediator meets with both parties at the same time, but if domestic violence is an issue in the relationship, the mediator may meet with the parties separately.

Prior to or at the meeting, you will be given a form to fill out asking you to describe basic family information. Then, at the mediation, the mediator will interview each party, with the understanding that the mediator wants to reach a common ground between both parties, not to deliberately challenge the truth of the parties’ statements.

The child may be present at the hearing and interviewed by the mediator, at the mediator’s discretion. This may help the mediator craft a suitable plan for the parties, but the mediator will not ask which parent the child would prefer to live with.

Hopefully, the parties can be convinced to set aside non-child custody related matters and identify the custody issues. The parties may discuss topics such as weekend, holiday, and vacation schedules; whether the child has any special physical or developmental needs, and how to address them; and sharing custody and related issues, such as which parent will pick the child up from school on what day.

If the parties agree to resolve some or all of the issues, the mediator will draft the agreement and have the parties sign it. The agreement should be as detailed as possible. Once completed and signed, the agreement will be sent to the court, and after the court authorizes the agreement, it becomes binding.

If you or someone you know is going through a divorce, you will need an experienced Southern California child custody lawyer to aggressively represent you. For over 30 years, the attorneys at Wallin & Klarich have helped people dealing with divorce issues such as child custody. Call us today at (888) 749-7428. We will be there when you call.

Mediation – FAQs

1. Is mediation mandatory for children non-biological children, such as children adopted during marriage or former stepchildren?

At divorce, children adopted during marriage are treated identically to biological children, and the mediator and the court will resolve child custody issues in the same way. Thus, for child custody for children adopted during marriage, mediation is mandatory. Former stepparents have no child custody rights in the event of a divorce, but they may be granted visitation rights if the divorce court deems it appropriate.

2. Is mediation confidential?

Most information disclosed at the mediation will not be public record or given to the court. However, the mediator must report any suspected child abuse or if a party threatens to hurt him or herself or others. In some counties, if the parties do not agree, the mediator can submit a recommendation to the divorce court, and the mediator may cite statements made by the parties or their attorneys during the mediation.

3. If I signed an agreement at the mediation, can I later change my mind and undo the agreement?

Yes, you can cancel the agreement, as long as the cancellation notice is in writing and forwarded to the mediation office before the next court hearing or within 10 days of signing the agreement, whichever comes first. The parties are free to schedule an appointment for another mediation.

4. If we reached a mediation agreement years ago, but our children are older now and the mediation agreement needs to be changed, can we do that?

Yes. If the initial mediation agreement needs to be amended, you can go back to mediation to change the agreement to reflect current circumstances.

5. What if we came to a mediation agreement on a parenting plan, but the other party violates the agreement?

Once the divorce court authorizes the mediation agreement, it is against the law to violate it. Report the violation to the police and to the family law court. The prosecutor may file charges against the other party, and the other party’s actions may convince the divorce court to change custody and visitation rights.

If you or someone you know is going through a divorce, you will need an experienced Southern California child custody lawyer to aggressively represent you. For over 30 years, the attorneys at Wallin & Klarich have helped people dealing with divorce issues such as child custody. Call us today at (888) 749-7428. We will be there when you call.