Family Law Mediation

Considering Family Law Mediation?

Family Law Mediation Attorneys Help Resolve Disagreements

Family law mediation is the process of meeting with and negotiating an agreement with the other party during divorce or any family law process. A mediator is a neutral third-party that assists the parties in resolving issues. When spouses or domestic partners file for legal separation or divorce, they often have different viewpoints concerning property division, child custody, and support issues. A mediator can advise you on the law but cannot give either of the parties legal advice. The participants must make the decisions, as the mediator cannot issue binding decisions either. Instead, the mediator’s purpose is to facilitate discussion and mutual agreements. Legal representation is not required. However, it is common for attorneys to advise their clients regarding mediation and review any agreements before they are signed.

Gomez Edwards Law Group, LLP offers family law mediation services in Santa Clara. When our attorneys act as mediators, we do not represent either party in court. Instead, we help facilitate an outcome that is agreeable to each party. The best possible outcome is avoiding court and minimizing expenses for everyone. Our Santa Clara family law mediation attorneys clarify issues, evaluate the facts and circumstances, encourage clear communication, and assist the parties in drafting an agreement that the court will accept. We also provide legal advice to other third-party mediators and review mediation agreements.

What Are the Benefits of Mediation?

Minimizing stress and the emotional toll that family court brings is one benefits of mediating family law issues. Most individuals facing legal issues involving their family want a speedy resolution. However, the court process tends to drag out when parties cannot come to certain agreements. An amicable divorce can generally be finished in six months in California, but disagreements and failure to disclose financial and other information needed to proceed can greatly extend the process. Additionally, family law litigation is expensive. The more time you spend in court, the more it will cost you if you have an attorney.

Family law mediators can help resolve disagreements involving:

  • Divorce
  • Legal separation
  • Spousal support
  • Dissolution of a domestic partnership
  • Child custody
  • Child support
  • Modification of support and custody
  • Marital settlement agreements

The cost of mediation pales in comparison to paying for legal representation during a trial. The parties can work together to come up with terms that are acceptable to each. When a judge is left to make decision, the result may not be acceptable to either party; however, it is a binding order. Working together with the assistance of a third-party can help you avoid a trial and meet your goals of resolution.

What Issues Can Family Law Mediation Resolve?

In family law, generally, the court will only order mediation in cases involving disputed child custody issues. Usually, the first step in the mediation process is for both parties to agree to participate. This may be difficult, especially in cases involving domestic violence. If you are a victim of domestic violence, then make sure you feel safe and comfortable before starting the process.

Divorce mediation often addresses:

  • The division of assets and debts. What does each party consider fair and equal distribution of the assets accumulated and debts incurred during the marriage? How will you divide them?
  • Spousal support. Is either party asking for support from the other? How much and for how long?
  • Other financial issues. How will you divide retirement accounts? Will one party have to name the other on a life insurance policy?
  • The parenting plan. Were any children born or adopted during the marriage? What will the timeshare be? Is there a holiday schedule? Who will pay child support and in what amount?

It may take more than one mediation session to resolve your divorce or child custody issues. In some cases, you may be unable to resolve your issues even with the help of the mediator. You will not be forced to agree to anything. Parties only sign an agreement when it is acceptable to everyone.

Contact Our Family Law Mediation Attorneys for a Consultation

The family law mediation attorneys of Gomez Edwards Law Group, LLP work to facilitate agreements between families. If you are struggling to resolve issues involving legal separation, divorce, custody, or support, we can help. The strategies we use have assisted numerous parties work through the process to minimize time and expenses. Contact our office at 408-713-5282 or fill out an online review form to speak with an attorney about mediation.