Mediation
Mediation is a confidential, non-coercive, and voluntary process that places the decision-making power squarely in the hands of the people with the dispute, rather than delegating that power to a third party, such as a judge.
As mediators, we can help to facilitate challenging conversations and address issues that our clients and their families face in a respectful and organized manner. As consultants to mediation, we can help to craft proposals and support mediation with the goal of resolving complex problems in creative ways.
In mediation, parties have an opportunity to gather the information that they need to make informed decisions in a transparent and non-adversarial process. While California law is an important resource and guide, parties have an opportunity to opt out of the default law and choose a path that is defined by their own concept of fairness. Neutral financial professionals such as accountants and financial advisors, real estate appraisers, business valuation experts, child specialists, and other third parties can be brought in to participate in the mediation when there is a need for outside expertise.
When parties vest decision-making power in a court judge, that judge frequently has a limited time to learn about the issues before making a decision. Sometimes, the court may decide to postpone a hearing about that issue for quite a long time and require that the parties try to resolve the issue themselves before conducting a hearing. This can result in long delays in obtaining decisions. Mediation can help cut through long delays because it runs on a timeline that belongs to you and your spouse. At the same time, a divorce case that is resolved using a consensual dispute resolution process like mediation can only be resolved as quickly as the parties are ready to resolve it. This means that one person’s difficulty in facing the reality of a divorce can slow the process down.
In many cases, parties know better than any outside person – including a judge – what’s best for their families. Throughout the process, we will learn the facts, help our clients focus on the goals that they have for their lives moving forward and work together to talk through options and create strategies to meet those goals.
Questions? Consult with us.
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