Bay Area Family Law





Monday, March 26, 2007

Divorce Mediation

"What is a Divorce Mediation?" a common questions that an individual going through the divorce process asks. Divorce Mediation is a process which allows both you and your spouse to maintain control over your destiny and the terms of your divorce settlement. In divorce mediation, a neutral facilitator will help you and your spouse talk about needs and wants. Both parties and attorneys attend either four-hour or eight-hour mediation, depending on the complexity of your case.

Is the Mediator a Divorce Mediation Lawyer?
Although some mediators are social workers, most commonly the mediator is a lawyer who acts as a neutral person to help you settle your case.

How is the Divorce Mediation Lawyer Chosen?
The mediator is chosen and agreed upon by the attorneys. Every Family Law attorney has a "short list" of competent mediators who specialize in family law with whom we are familiar, whose style we are comfortable with, and who we have found to be effective, particularly considering the individual aspects of your specific case.

What is the Role of the Divorce Mediation Lawyer?
The role of the mediator is to facilitate an agreement between the parties to prevent the necessity for a trial.

Can What I Say Be Used Against Me Later?
Everything said during mediation is confidential. The mediator cannot be made to testify in court if a settlement is not reached. The mediator will only report one of two things: "settlement": or "no settlement".

Further, you and your divorce mediation attorney will advise the mediator what you do or do not want shared with your spouse and your spouse’s attorney!

How Does This Work Exactly?
Procedurally, you and your divorce mediation attorney will remain in one room, while your spouse and his or her attorney stays in a separate room. The mediator travels from room to room conveying each side’s offer and/or counteroffer.

Sometimes, the parties mediate by all being in the same room together. This is common if your mediation is taking place at a county dispute resolution center.

0 Comments:

Post a Comment

<< Home

Contact Divorce With Dignity to book an appointment or get more information.