Helping to Resolve Divorce and Family Law Disputes Efficiently and Cost-Effectively
What is “mediation”? Most divorce and family law related disagreements and disputes in California, and here in the San Diego region are settled before going to Court. This saves the parties both in terms of time and substantial expense. A divorce cannot be ordered until all issues contained within the “Separation Agreement” have been resolved. When a divorcing couple have a principled disagreement or a dispute over issues involving the children, property division or support there are four primary ways for the issue(s) to be resolved:
- The parties work things out on their own
- Judicial Order in a Family Law Court
The fastest and least expensive way for disagreements to be resolved is informed negotiation. As a Certified Family Law Specialist, Andrew Johnson can provide consultation that informs you prior to discussions with your former spouse. The facts provide strength and credibility to your perspective, and the tips and suggestions he provides will help you to accomplish your goals on your own.The next step in the resolution of a dispute is negotiation. Usually the parties are represented by their respective attorneys who work constructively together to review California law as it applies to the former spouse’s unique circumstances and negotiate a resolution that each party can accept.
What happens when the parties are unable to negotiate a resolution to a dispute, but wish to avoid the time constraints and expense of litigation in Court?
Mediation is a Facilitated Negotiation
As an experienced family law attorney and California Certified Family Law Specialist Andrew P. Johnson provides effective divorce and family law mediation services throughout North County and the San Diego region. Mr. Johnson is a Court recommended Family Law mediator, who can either serve as a mediator, or effectively represent his clients through the mediation process.
Many of our clients are curious about the concept of “Mediation”. What is mediation, and when should this option be considered? Often, when the parties cannot negotiate a resolution of some areas of disagreement on their own, they turn to an alternative known as “mediation.” Mediation is not a Court, and there is no Judge or Magistrate who presides over the mediation.
The process is managed by a “mediator” who is responsible for creating a productive and effective atmosphere where the parties can work together to resolve the dispute. The parties select a neutral third party, who is often an experienced California Certified Family Law Specialist or a retired judge. Each party presents their side of the dispute to the mediator, who helps to identify the strengths and weaknesses in each position.
The mediator works to facilitate a process where the areas of principled disagreement are brought into focus, and each party gains a more complete understanding of the legal issues at hand and the position of the other point of view. Effective mediation helps the parties to realize that the dispute is closer to resolution than might be apparent through the lens of emotion. Hearing from a neutral and experienced third party often helps the parties to find common ground and develop a resolution that meets their needs, while avoiding the time and expense of going to a Family Law Court.
Most Courts require the parties to enter into mediation or a settlement conference prior to going to trial. What happens in mediation is confidential, and the mediator cannot be compelled to testify during any ensuing litigation. The key to most successful mediations is a willingness on the part of the parties to enter into the process in good faith, with a mindset toward resolution.
Contact a Court Recommended Family Law Mediator
If you are interested in mediating a family law dispute, or seek representation during a negotiation or family law mediation we invite you to contact us, or call (760) 639-0187 for additional information or to schedule an appointment with California Certified Family Law Specialist and Court Recommended Family Law Mediator Andrew Johnson.