Mediation

How Does Mediation Work in CA?

If you're involved in a family law case, chances are you've heard about mediation in some capacity. Mediating your dispute could help you achieve a more desirable outcome - which is exactly what we're covering today.

To schedule a consultation with our team and receive counsel from experienced mediation attorneys, contact our office online or via phone at (415) 650-1112.

How Does Mediation Work?

To engage in mediation, two parties currently handling a legal dispute must agree to try and resolve their case out of court before continuing to litigate it in the courtroom. Sometimes, courts require parties to use mediation before pursuing a trial in court.

When parties agree to use mediation, they work with a certified mediator who acts as a neutral third party. The mediator attempts to understand each party's perspective and act as a liaison between them, ultimately helping individuals negotiate a mutually beneficial, equitable outcome for their case.

Cases that people regularly resolve using mediation include:

  • Divorce;
  • Property division;
  • Child custody;
  • Child support; and
  • Alimony.

It's important to note that mediators cannot provide legal counsel to individuals. If you want to utilize mediation and also desire legal counsel, you need to hire a separate mediation lawyer for your case.

Mediating a legal dispute can take one or multiple sessions, depending on the details of the case. For example, if you primarily agree with the other party already and just need help to draft an agreement to present to a court, mediation could take as little as a day. Alternatively, if you're engaged in a complex legal dispute and have several disagreements with the other party, you may need to engage in several sessions of mediation before resolving your case.

Once you come to terms with the other party, the mediator (and your attorneys, if you have them) will help draft an agreement detailing the terms of your arrangement. You and the other party can then present that agreement to a court, who will assess it and, if the agreement is equitable, sign it to finalize your case.

At Fenchel Family Law, we help Californians resolve high-stakes cases using mediation.

To schedule a consultation with our team, contact our office online or via phone at (415) 650-1112.

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