Experienced Silicon Valley Divorce And Family Mediators
Deciding to get a divorce is never easy. The process can be stressful and contentious, especially when there are disagreements. Emotions often run high, making rational discussions difficult. This situation gets more complex when children are involved, making compromise seem impossible.
This is where skilled mediators can make a difference. At Silicon Valley Law Offices (SVLO), our mediation practice focuses on resolving family law issues, including divorce, without going to court. Our mediators are family law attorneys trained in mediation. We help both parties reach reasonable agreements where everyone feels heard and understood.
Contact us today at 650-546-7595 or email us to discuss mediating your divorce or family dispute. We serve clients in Silicon Valley and throughout the Bay Area. Our offices are located in Mountain View, and we have an appointment-only office in Los Gatos.
What Is A Mediator?
A mediator is an impartial third party who meets with both parties in a divorce or family dispute. Their role is to help find common ground. Mediators do not represent either you or your spouse. If mediation fails, you may still need to hire an attorney for court representation.
What Is Mediation?
Mediation is an informal process that helps parties resolve their divorce outside of court. The mediator:
- Facilitates discussions
- Helps identify issues, needs and interests
- Explores alternatives
- Focuses the discussion on resolution
Mediators do not make decisions. Agreements are made only if both parties agree. The goal is to resolve issues in a way that works for both sides. During mediation, parties may hire their own attorneys to advise them. Ideally, your mediator should be an attorney familiar with family law to assist you throughout the process.
Mediation is confidential. However, agreements made during mediation are not binding unless a settlement agreement is signed. If the terms are unsatisfactory, you may still pursue litigation.
Advantages Of Mediation
Mediation is often less expensive and quicker than litigation. Divorcing couples usually share the cost of one mediator, avoiding separate attorney fees and court costs. This process can save both sides stress, money and time.
Through mediation, we can help you and your spouse reach agreements on:
- Asset and debt division
- Spousal support
- Child custody and visitation
- Other issues affecting the dissolution, except child support
This process can lay the foundation for a positive relationship post-separation. This is beneficial for your children, who are often affected by a contentious relationship between parents. If a full agreement is not reached, mediation can still clarify your goals, making litigation easier, if it is necessary.
Why Choose Mediation?
Mediation is not suitable for everyone. It is not recommended for parties with a history of domestic violence or a significant power imbalance. However, it is beneficial for those who:
- Want to avoid the high cost of litigation
- Seek to resolve their case outside of court
- Are stuck with differences of opinion on how to resolve issues
Mediation has many benefits, including privacy.
Benefits Of Mediation
Consider the following advantages when choosing mediation:
- More power and control over the case, avoiding unfavorable court orders
- Often more cost-effective than litigation
- Confidential process where the mediator will not disclose information outside the discussion
- Quicker resolution by agreement
- Narrows down any issues that require court involvement
Mediation allows you to take control of your divorce process, potentially saving time and money.
Frequently Asked Questions About Divorce Mediation In California
We have mediated many divorces and family disputes, and we have heard many questions about mediation. Here are answers to some common ones.
When is mediation the best choice for resolving family law disputes?
Couples should consider mediation when they are willing to communicate openly and work collaboratively to reach a mutual agreement. Mediation is often suitable for those who prefer a more private and less adversarial process compared to traditional courtroom litigation. It can be particularly beneficial when both parties want to maintain a cordial relationship, especially if children are involved, and seek a quicker, more cost-effective resolution.
What issues can be addressed through mediation?
Mediation can address a wide range of issues related to divorce, including child custody and visitation, spousal support, division of property and other financial matters. Child support amounts are determined using legal guidelines, however and are not suitable for mediation. The flexibility of mediation allows couples to tailor their agreements to fit their unique circumstances, ensuring that all relevant concerns are discussed and resolved in a manner that works for both parties.
How does mediation promote open communication and collaboration?
Mediators use various techniques to facilitate productive discussions and reduce conflict between parties. These may include setting ground rules for respectful communication, encouraging active listening and helping each party articulate their needs and concerns. Mediators also assist in identifying common goals and finding mutually acceptable solutions, fostering a cooperative atmosphere that can lead to more sustainable agreements.
What should you do if you cannot reach an agreement through mediation?
If mediation does not result in a resolution, the next steps typically involve pursuing other dispute resolution methods, such as collaborative law or traditional courtroom litigation. It is important to consult with your lawyer to explore your options and determine the best course of action. Even if mediation does not fully resolve all issues, it can still help narrow down the areas of disagreement, making the subsequent legal process more focused and efficient.
What SVLO Can Offer Clients Seeking Mediation
Silicon Valley Law Offices‘ mediation practice has impartial, empathetic mediators trained in family law issues. Our mediators understand the importance of listening and work closely with parties to facilitate a smooth and respectful mediation process. We even have a trained therapy dog available for tough situations.
Contact Us Now To Get Started
Contact us at 650-546-7595 or by email to learn how we can assist you in reaching a fair and amicable resolution through mediation.