WHAT IS MEDIATION AND HOW DOES IT WORK?

As an alternative to the traditional legal process, many people elect to engage in mediation rather than litigation. Mediation involves hiring an experienced family law attorney who has expertise and/or experience in mediating family law disputes to assist the parties in reaching a fair resolution of their differences. It can usually be done at a fraction of the cost of litigation.

In a mediated settlement, discovery is limited and a certain amount of trust is required. Both parties must be willing to compromise and must have a genuine desire to resolve the matter amicably. Unfortunately, for many couples, this is not possible. The hostility and distrust that has built up over the years makes this not a viable option. In other cases, one party is too dominant and the weaker party will not be able to hold his or her own in the mediation process. In these cases, involvement of attorneys is almost mandatory.

If mediation looks like it might be appropriate, both parties should be open to the mediation process and willing to make compromises to resolve their case. If they are not willing to compromise, then the mediation process is a waste of time and money.

It is not improper for the parties to each have an attorney- advisor during the mediation process. In fact, in many instances, the presence of attorney-advisors can greatly expedite the process. In this situation, the parties meet with their attorneys prior to the mediation and then report back afterwards.

The mediation often takes multiple sessions, sometimes lasting for months. Don't be impatient. If it is successful, some mediators will draft a letter and leave it to one of the parties' attorneys to put it into a marital settlement agreement. Others will actually draft the marital settlement agreement and then give it to each of the parties to take to their attorneys for advice. After explaining all of the ramifications, if the parties still agree, then the attorneys will sign the agreement as having explained it, but not warranting it as an equal division of community property, and then either the mediator or one of the attorneys will prepare the remaining documents, get the case through the county clerk's office and obtain the judgment.

For the right people, and the right case, mediation is an attractive alternative to litigation. It provides the parties access to legal expertise in a cooperative and less hostile setting. On the other hand, it results in agreements that are entered into on less than full discovery. You can expect that your attorney-advisor will require that you sign a letter absolving him/her for any responsibility for the fairness of the agreement. As the process, by definition, prevents full discovery, you cannot expect your attorney to be able to warrant the settlement with the same degree of confidence that s/he should be able to if s/he was able to conduct full, formal discovery.

Despite its drawbacks and risks, more divorcing couples are opting for mediation over traditional litigation.

MEDIATION CENTER

The Urick Law Center operates the URICK LAW CENTER - MEDIATION CENTER. If Mediation sounds like the appropriate solution for your current family law situation, call us at 818 227-3378.

We can also discuss and provide you with counseling on pre and post-nuptial agreements and sit down with you and your potential or current mate to mediate these issues.

Mediation can resolve disputes and save thousands of dollars in attorneys fees not to mention the time involved in litigating matters in Southern California Courts. While there is a lump sum up-front cost, this fee is usually much less than if the parties litigate all the issues of their divorce in court.

Call us today to discuss the services available at our Mediation Center!

818-227-3378.  We can help!