DOES THE MEDIATOR PREPARE THE PAPERWORK?
Yes. The mediator can prepare the divorce documents and the settlement agreement. The mediator does not represent either party and both parties are advised to seek independent legal counsel to review the agreement.
The parties will agree on which party will be the petitioner and which party will be the respondent. In California it makes no difference which party is which.
COST OF MEDIATION.
The cost of mediation is substantially less than an adversarial divorce. There is one mediator who works with both parties rather than each party having an attorney.
Most attorneys require a substantial retainer and charge between $250 to $350 per hour. In an adversarial proceeding discovery is required which is very timely and expensive. Both parties may be subjected to depositions which are stressful and costly. In mediation the parties voluntarily provide the necessary information to the mediator and opposite party.
Although it is recommended that each party have an attorney review the agreement reached in mediation and provide advise regarding the law and the effect of the agreement, it is still substantially less expensive than contested proceedings.
WHY MEDIATION?
90% of divorce litigation ends in full settlement of all issues after months and months of emotional turmoil, several thousands of dollars in attorneys fees, hurt feelings and anger. Mediation can resolve the issues and result in a settlement without the cost both financially and emotionally.
Mediation is less expensive than litigated divorces. You are engaging one person to resolve the issues between you rather than taking an adversarial approach where you both are paying an attorney $250-$350 per hour and incurring costs for court appearances where a substantial amount of the charge is waiting for your turn before the judge.
Divorce mediation can save up to 85% of the costs of a litigated divorce process. Parties who choose to litigate their marital issues often deplete their assets substantially. Mediation can allow you to take control over your future, preserving the familys assets.
Kathy Recordon has been practicing family law exclusively for 25 years and received formal mediation training in 1994. In addition to private mediation she has assisted the Family Courts as a Judge Pro Tem by assisting parties and their attorneys in settling their matters without trial.
Parties are more likely to comply with the terms of the judgment if they have fashioned those terms vs. a judge imposing orders on a party.
Parties are more satisfied with the outcome than if they were involved in an adversarial divorce. No one wins in a divorce case, least of all the children. Mediation can allow much more flexibility than court orders. In fashioning orders, the law binds a judge, where in mediation parties are able to fashion orders that work for their individual needs.
If your Divorce matter is more complicated or cannot be handled through Mediation, Click Here for more info on Divorce Matters or Click here for more information on Child Custody matters.
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Mediation is an option when both parties are willing to work together to resolve the issues involved in the dissolution process. Mediation can resolve all issues, including custody, support, division of property and obligations. Mediation is less expensive than litigation and is less stressful. Mediation allows the parties to structure their agreement to meet their needs and the needs of their children. When a divorce is litigated, not only does it take longer, it is much more expensive and a total stranger (the judge) makes the decisions regarding you and your childrens future. A judge hears hundreds of divorce cases a month and the time needed to fully understand the situation is just not available. You can structure any agreement (within legal limits) that suits your situation and the court will approve it. Mediation encourages the parties to look toward the future and not the past. It saves the emotional battle that occurs during litigation. |
Kathy & Steve Recordon
An initial consultation is scheduled to allow the parties to determine if they wish to mediate their dispute and if the mediator suits their needs. This consult is free of charge.
If the parties have committed to mediation, a meeting is scheduled to meet and determine the issues involved and to provide the mediator with necessary information. Each party is given a work sheet to prepare their proposed resolutions to the issues and to provide information regarding income, expenses, assets and obligations and any other information the mediator requests.
In order for the mediation to be successful, both parties must cooperate fully and provide necessary information.
It is the mediators job to educate both parties as to what the law requires and what, in the mediators opinion, the court would do if requested to resolve an issue. The mediator assists the parties in keeping focused on the issues and moving forward through the process. The mediator will not advise you but can make helpful suggestions regarding solutions. The mediator provides both spouses with necessary information to allow them to work together toward a resolution that makes sense to both parties. The mediator provides several options that the parties may not have considered.
DOES MEDIATION ALWAYS WORK?
No, not always, but in most cases it is very effective. The parties need to be able to cooperate with the mediator, be open to suggestions and resolutions and be committed to working together.
Mediation will not work if there is a history of domestic violence or the parties refuse to provide the information necessary for mediation.
In order for mediation to work the parties must leave fault and blame out of the mix. We will focus on your future and not your past.
If the parties do not wish to participate together, it is possible to mediate the issues with the parties separated. The parties can make separate appointments or can be in separate conference rooms during mediation. This is not as productive as co-joint mediation, but in some cases is very effective.
EXPERIENCED – AFFORDABLE – SAN DIEGO COUNTY FAMILY LAW ATTORNEY
ITS NOT EASY TO FIND THE RIGHT ATTORNEY IN SAN DIEGO
FAMILY LAW MATTERS DEMAND A CARING , COMPASSIONATE AND EXPERIENCED ATTORNEY.
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SET YOUR MIND AT EASE AND CONTACT US…
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EXPERIENCED – AFFORDABLE – SAN DIEGO COUNTY FAMILY LAW ATTORNEY
ITS NOT EASY TO FIND THE RIGHT ATTORNEY IN SAN DIEGO
FAMILY LAW MATTERS DEMAND A CARING , COMPASSIONATE AND EXPERIENCED ATTORNEY.
619-232-1717 or Click Here
SET YOUR MIND AT EASE AND CONTACT US…
FOR A FREE CONSULTATION CALL
My wife and I were really worried about the mediation process. Although we were not getting along (obviously) you were able to keep us focused on the issue at hand and provided insight to alternatives in resolving our issues. We both think that by your mediating our case we were able to preserve what respect and caring we had for each other. And, as you said, that is really important because we have children together. Your are right, our relationship does not end when the kids turn 18, but continues through graduations, weddings and grandchildren. You helped us see the big picture. Thanks, we will be able to enjoy our children because of that perspective.
Roger P.
Well, I was embarrassed to have to call you for the third time! I thought you would really laugh at me for having married, and now divorcing, three times. You made it very easy for me to get through yet another divorce. And I promise, I call you next time too.
Sherry V.
When I compared my billings from your firm with the billings from my wifes firm, I was literally shocked. Your charges were about 1/3 of what hers were. They charged her for every postage stamp (actually more than the actual stamp) and 25¢ per copy, of which there were many. She had no way of verifying the costs she was incurring. I really appreciate the way you kept my costs down and didnt even charge me for postage, copies and short telephone calls.
Wayne S.
San Diego, CA 92101
619-232-1717
kr@recordonlaw.com
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