Frequently Asked Questions Regarding Family Law Mediation
What is Family Law Mediation?
Family Law Mediation is the process in which divorcing spouses meet with a neutral, third party (the mediator) to discuss their case in a non-adversarial manner. The mediator assists the spouses in negotiating an acceptable agreement, but does not make any decisions for them nor acts as a lawyer for either party. With the mediator’s help, you will work to resolve all your issues so that you and your spouse can get a divorce.
Additionally, the mediator will assist in the preparation of all Court-required divorce forms as well as prepare the settlement agreement.
Jack Benoun, the mediator attorney at our firm, has nearly 40 years of family law experience. He can serve as the mediator in your case.
When Should I Choose Mediation?
Generally speaking, there are two types of divorces: the friendly way and the non-friendly way. If the spouses are willing to sit down and discuss their differences over custody, support, and property division, then mediation is right for you.
Some couples, however, are unable to mediate their case, either because of domestic violence or because the parties are at such odds with each other. If that is the case, then you will most likely have to go to Court, possibly hire your own attorney, and argue your case with the Judge.
Who Is Involved in the Mediation Process?
Mediation will take place between you, your spouse, and the mediator. Oftentimes, the parties will hire a consulting attorney to represent them during the mediation process. Although not necessary, this may be beneficial if your marriage has complicated issues involving property division.
Why Should I Choose Mediation?
Because the adversarial element of the Courtroom trial is removed, mediation is almost always going to take less time, be less expensive, and be much faster than fighting it out in the Court system. Further, because mediation is non-adversarial, mediating couples are typically more satisfied with the result and more likely to abide by the terms of the agreement than if a Judge rules from the bench.
How Long Does Mediation Take?
Mediation will almost always take much less time than litigating through the Court system. Depending on the issues, mediation can resolve all of your issues in one day. Most spouses, however, take several sessions spread apart on separate days.
You should also allot some time for the preparation and filing of all mandatory paperwork with the Court.
How Much Does Mediation Cost?
Mediation costs vary depending upon the complexity of the case and the amount of time it will take to mediate your divorce. Mediators typically charge by the hour. From start to finish, a garden-variety divorce mediation will generally cost around $4,000.
Contact Our Experienced Mediator
Jack Benoun, the mediator attorney at our firm, has nearly 40 years of family law experience. He can serve as the mediator in your case.
If you would like to schedule a free consultation with Jack Benoun, call 510-797-3018 or contact our firm online today.
