Mediation: Divorce Resolution With Dignity

Certified Family Law Specialists in the San Francisco law office of Lerner · Poole, LLP help residents of the Bay Area settle issues in their divorce through mediation instead of through the courts.

WHAT MEDIATION IS

Mediation is an informal process that seeks to resolve family conflicts in a non-adversarial setting without the intervention of a judge and courtroom.  Mediation provides an opportunity for the parties to work together to structure an agreement that is in their mutual best interests, with less of the conflict, stress, and emotional trauma that an adversarial courtroom process can inflict on divorcing spouses and their children.  Mediation is also less expensive and less time-consuming than a contentious court battle.

Although issues of custody, support, and property division may seem like zero-sum propositions, mediation offers the opportunity to explore creative solutions to problems that otherwise might be resolved in a win/lose scenario.  The mediation process can help the parties understand the terms and future impact of their agreement, and to prepare the parties to anticipate and resolve future disagreements which might arise.  When parties reach their own agreement through mediation, they are typically more likely to be satisfied with the outcome, and consequently implement the agreement more faithfully.

HOW MEDIATION WORKS

Mediation is a voluntary process.  As a neutral and objective participant, the mediator plays an active role by helping to identify issues, develop bargaining proposals, and aid negotiations with the goal in mind of coming to a settlement best suited to the needs of the family as a whole.  The mediator clarifies, organizes, prompts communication, and manages any conflict that arises.  The mediator does not make any decisions, but helps facilitate the parties in their own decision-making processes.  After an agreement has been reached, the mediator drafts a memorandum of understanding to be reviewed by the parties and their family attorneys.

ROLE OF ATTORNEYS

In mediation, each party is urged to seek independent legal counsel because, although some mediators are attorneys, the mediator is not authorized to give legal advice to either party.  The mediator does not represent either party, but focuses instead on helping the parties reach their own agreement. 

While the decisions reached in mediation are made by the parties, it is important that they be informed, voluntary decisions.  Attorneys may attend the mediation, either at the table or in a consulting capacity, and can help their clients by providing guidance on legal matters, clarifying issues and possible choices, and answering questions about any confusing aspects of the family law judicial process.

Upon completion of the mediation, the mediator will submit the memorandum of agreement to the parties and/or their attorneys.  If necessary, the attorneys will draft a settlement agreement from the terms of the memorandum for filing with the court.

COST OF MEDIATION

Mediation is typically less costly, both financially and emotionally, than traditional litigation during San Francisco family law proceedings.  The mediator's fee is usually quoted on an hourly basis, and both parties are encouraged to share in the expenses.  When mediation is court-ordered, the fee and person responsible for payment may be set by the court.  

CHOOSING A MEDIATOR

As with any professional, individuals should choose a mediator with whom they can establish a good working relationship.  A qualified San Francisco mediator will have gone through intensive, specialized training in the area of family mediation; be certain, however, that the mediator you choose has been trained as a Family Law Mediator.

Attorneys Esther Lerner and Stacey Poole are trained as mediators and work with parties who wish to stay out of court to resolve their issues between themselves.  We can also act as "reviewing attorneys" for parties who are mediating with another professional, be retained to answer any questions you may have throughout the mediation process, and review any agreements reached in mediation.  For assistance with an informal, cost-effective, low-conflict approach to your divorce, contact Lerner · Poole, LLP or call today at 415-692-5597.