Mediation is a means by which to bypass the lengthy and expensive process of letting a court decide your family law issues at trial. Although divorce mediation may not always be a viable option due to complex issues in family law matters, a very large number of family law cases can be resolved through mediation in a timely and cost-effective manner. It can be very difficult to determine whether the other party in your family law case is willing to negotiate a settlement with you. Therefore, it is essential that you contact an experienced divorce mediation attorney at Wallin & Klarich who can evaluate the facts of your case and help you determine if mediation would be a good option in your case.
There are two different types of mediation in California:
1) Private Mediator
2) Court-Ordered Mediation
You can either hire an independent private family law expert who will guide you and the other party through the process to come to a mutual agreement or the California court may order you and the other party to attend mediation before a court-appointed county mediator.
The issues involved in both types of mediation can be very complex and you should hire an experienced divorce mediator to assist you with either mediation process.
The mediators at Wallin & Klarich have successfully helped thousands of clients with their divorce cases for over 30 years. We can help you, too. Visit our testimonials page to see what some of our clients have to say about us.
This longstanding reputation has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
Contact our divorce mediation attorneys today at (888) 749-7428 for professional legal advice about your case.
Divorce Mediation with a Private Mediator
The primary goals of divorce proceedings are the following:
1) To dissolve the marriage;
2) To distribute the assets and debts of the marriage fairly; AND
3) To put a plan in place for child custody, visitation, child support, and spousal support going forward.
The way that you may achieve these goals is by using the services of a divorce mediation attorney. In many cases, this can help you keep expenses down, while coming to a favorable result for all parties involved.
In divorce mediation, the parties involved in the divorce agree to allow a neutral mediator assist them in coming to an agreement with regards to all issues in the divorce case, while each party also consults with its own individual family law attorney during the mediation. While the neutral mediator does not have to be an attorney, hiring a family law attorney with experience in mediating cases can be beneficial in protecting your rights and ensuring that the mediation process goes as smoothly as possible.
There are many advantages to utilizing the mediation process to settle the issues in your divorce case. These advantages include:
1) The mediation process is considerably more cost effective in comparison to the expensive process of litigating your divorce and going to trial.
2) Mediation allows the parties in the divorce to control their fate, instead of placing their divorce in the hands of the courts to make a decision;
3) In most cases, mediation can result in the divorce being finalized considerably faster than during trial; and
4) If you have children, you can avoid putting them through the long process of a bitter custody battle in court.
How do I know if Divorce Mediation is Right for Me?
Each divorce is unique and it can be very difficult to determine whether divorce mediation is right for you. An experienced divorce mediation attorney at Wallin & Klarich can assist you in determining whether this is the best option for you.
As a general rule, divorce mediation may be a good option for you if:
1) There was a mutual decision to divorce between you and the other party;
2) You have no desire to reconcile;
3) You would like to stay on good terms with your spouse;
4) You do not blame your spouse for the divorce;
5) You do not believe that your spouse has lied to you or concealed any facts about the property of the marriage;
6) Domestic violence is not an issue in your divorce case;
7) You and your other spouse are not interested in dragging out your divorce case for years to come; and
8) You and your spouse wish to save money in legal expenses and court costs.
Court Ordered Mediation – California Family Code Section 3170
If your case involves issues of child custody and visitation, the court will likely order that you attend mediation with the other parent of your child under California Family Code Section 3170[i]. This type of mediation is generally hosted by the Family Court Services department of the courthouse where your child custody and visitation matter was filed.
In court-ordered mediation, the Family Court Services mediator will attempt to evaluate both you and the other parent’s desires and the needs of your child in making a child custody and visitation determination. If you cannot come to an agreement with the other parent with regards to a custody plan, the mediator will make recommendations to the court as to a proposed child custody and visitation plan. The mediator will ask you and the other parent a series of questions and then make recommendations to the court about the orders that they believe are in the best interest of your child. It is very important to note that the family law court take the mediator’s recommendations very seriously and normally will adopt the recommendations in the temporary child custody and visitation orders.
If you do not come to an agreement with the other parent, you will be relying on the recommendations of your mediator. Because you may be relying on the recommendations of the Family Court Services mediator, it is very important that you are well prepared for your mediation appointment and you present yourself very well. It is important that you hire an experienced child custody attorney that will ensure that you receive the preparation necessary to make a good first impression with the mediator. This first impression could be the difference between you or the other parent obtaining a favorable custody order.
Rely on the Experience and Knowledge of Wallin & Klarich
Whether you and your spouse agree to mediate the issues of your divorce, or the court orders you to attend mediation, the mediation attorneys at Wallin & Klarich can offer you the expertise and support that you need during this difficult time.
With offices located in Orange County, Los Angeles, Riverside, San Diego, Torrance, West Covina, Sherman Oaks, San Bernardino, Ventura, and Victorville, Wallin & Klarich will always be available to you wherever you happen to live.
To speak with a family law attorney at Wallin & Klarich today, please call us at (888) 749-7428. We will be there when you call.
[i] Information on Family Law Code Section 3170 retrieved from http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3170-3173