Mediation is an alternative to litigation. It is a way for both parties in a divorce case to work together voluntarily in settling their legal disputes without going to court. In a divorce mediation, the divorcing spouses meet with a neutral third person, the mediator, and together they develop an agreement, called a Marital Settlement Agreement (MSA) for the division of property, child custody and visitation, and financial support issues. Mediation is a “give and take” process where mutually acceptable compromises are made by both parties.
A divorce mediator is an unbiased professional with special training in helping divorcing spouses come to an agreement on issues such as who gets to live with the children, how time with the children will be shared or apportioned, possession of the family home, division of property and debts, and scheduling of support payments. Once hired, the mediator will meet with both spouses to identify specific issues for resolution during the mediation process. The mediator will listen to what both spouses have to say and help them come to their own decisions about how they want to proceed in the settlement. The mediator’s role is to provide a neutral environment where the divorcing spouses can arrive at an agreement.
There are many benefits of mediation. It is less costly and less time-consuming than litigation. In California, a divorcing couple with a mediated MSA need not even have to appear in court. It is also more satisfying and empowering to get something based on an agreement you freely entered into than one imposed on you by order of the court. With mediation, the termination of a relationship becomes more cordial and amicable. Especially when there are children involved, it is important for the divorced couple to maintain civility in their future relationships with one another.
In a litigation, it is often difficult for couples to part ways without harboring some resentment and bitterness towards each other. Divorce litigation is always adversarial and contentious, with the attorneys arguing for decisions that will favor their client and hurt the other side. What happens though is that in the majority of these cases, the couples end up settling anyway. In those instance where the divorcing spouses refuse to settle, a judge will make a decision that neither of them may like. Either way, the spouses will likely just be hurting themselves and their children. They will also be making themselves impoverished with their mounting bills for the cost of a prolonged litigation.
Admittedly, freely coming to an agreement with the person who you are divorcing is not easy. For this reason, it is important that you hire a divorce mediator who you can be sure will provide a safe and confidential environment for you and your spouse to talk things through, as well as bring to the table a sound knowledge of the law.
Dear Emily Robinson, Thank you for your services and helping reach a settlement. I would definitely recommend you to anybody who needs a good attorney to handle a divorce case.Regards, GD
Dear Emily Robinson, I greatly appreciate your tireless effort in fixing this difficult situation. Thank you so much and God bless you!Regards, E
Thank you so much for all your support and help! You can't imagine how glad and calm you make me feel ...
Thank you for being our angel!Regards, G
Emily Robinson, I know I have said it in some form or another before, but THANK YOU for all that you have done to get me to this point. It sure took a village. You were the calm in the storm and always knew the way to get us thru the barrage of BS... I would not have wanted anyone else by my side throughout this. YOU are the one that made me feel I was not crazy at times. You are so sweet, supportive, realistic, clever, creative, wise, with amazing resilience, tenacity, and patience. Thank you for having my back always.Regards, BT
MY PRACTICE AREAS
What makes me qualified?
Emily graduated from UC Hastings College of the Law and is a certified mediator. Prior to that, Emily attended UC Santa Barbara where she graduated with a B.A. in Psychology and a B.A. in Communication.
– How Initial Divorce Consultation Works
The attorney is going to want to know the facts of your situation. What’s been going on in your life that’s led to the divorce. What kind of property do you have? What your finances are like? And what kind of custody of schedules you like to see for the children. And to just kind of feel out how you have been planning. What you’ve been thinking in terms of the divorce.
Now if you have no plan and you haven’t been thinking of anything yet and you’re just sort of in a daze trying to figure out what to do which is the case for a lot of people. That’s absolutely fine. Just let the attorney know that and they can ask you the right questions to elicit the necessary information.
– An Overview of the Divorce Process
The basic process is one party will file for divorce. They will get a case number and get the documents back from the court. And, they will have those documents served to the other party. The other party has 30 days to respond to the divorce documents. Once that party responded, then the parties will exchange financial, income, and asset information and try work out a settlement. If you were unable to decide a settlement then we will set a trial date. The court will decide how to divide your property, your custody issues, and your support issues.