How we can help you in a mediation…

Our office can provide assistance via the mediation process in two ways:

I. Conducting the Mediation between you and your spouse - do not represent either of you and serves as a neutral to help the two of you work to bring your matter to completion.

II. Providing YOU with Mediation Consultation to assist ONE party through the mediation process that is being conducted by a separate mediator. This allows me to provide advice as to the options, pros, cons, strategy, legal options, legal advice, etc. (Which I would not be able to do as the mediator).

i. CONDUCTION THE MEDIATION - WORKS BOTH PARTIES - mediation ROAD MAP

1)      FIRST SESSION – Discussing the court process generally and overarching concepts (2 weeks from retention)

a.       Filing of Dissolution (Divorce) – preference for filing

b.       Will provide worksheet to obtain all pertinent information

c.       Earliest date of Dissolution (Divorce) – 6 months from the date the Summons and Petition is served on the other party

d.       Automatic Temporary Restraining Order and other related notice letters provided along with Intake letter

e.       Financial information gathering and related

f.        Discuss settlement goals generally re minor children, support, property division, and related.

2)      SECOND SESSION – Review and sign Summons and Petition for filling, discuss service/response, follow-up re Financial homework (4-6 weeks from retention)

a.       Financial homework and related due to Attorney at least 7 business days prior to scheduled Second Session

b.       Review and executed Summons and Petition for Filing

c.       Confirm data for Response and method of service of filed Summons and Petition on other Party

d.       Follow-up re completion of Financial Homework to complete Preliminary Declarations of Disclosure

e.       If minor children – Discuss custody (legal and physical custody) as well as parenting time

f.        If enough financial information provided (FL-150 data and supporting documents) discuss support figures per Dissomaster

g.       Discuss settlement goals – hopefully – with more specificity.

3)      THIRD SESSION – Review Financial Homework/Preliminary Declaration’s of Disclosures (8-10 weeks from retention)

a.       Finalize PDD’s and clients review/approve – exchange same day if possible along with declarations re service if possible.

b.       Continue discussions of assets/division per attorney prepared Marital Balance Sheet – if PDD’s are completed

c.       Discuss settlement goals – hopefully – with more specificity.

4)      FOURTH SESSION – Finalize settlement terms(12-14 weeks from retention)

a.       Review first draft for client’s of stipulated judgment and related provisions.

b.       Discuss provisions, options, and related for client’s to review and provide input for 5th session with goal of signing of agreement.

5)      FIFTH SESSION – Judgment Signing with Notary (16-18 weeks from retention)

a.       If agreement is approved via email by both parties at least 7 business days in advance – Signing of finalized stipulated judgment with Notary

b.       Review first draft for client’s of stipulated judgment and related provisions.

c.       Discuss provisions, options, and related for client’s to review and provide input for 5th session with goal of signing of agreement.

6)      OPTIONAL – SIXTH SESSION – Provide filed Judgment and close out (to be set upon receipt of filed judgment)

a.       Provide everyone with a hard copy of the filed judgment

b.       Answer any remaining questions.

c.       Provide referrals as needed (i.e. attorney to prepare Qualified Domestic Relations Order, etc)

NOTE: In the State of California the earliest date in which the parties can be legally divorced, return to their status as single person, is six (6) months from the date of service of the Summons and Petition

ii. mEDIATION CONSULTING - FOR ONE PARTY

In providing mediation consultation the process is dictated by the mediator and the structure that they follow. With that, I generally am involved by way of assisting my client (one of parties to the mediation) in reviewing the forms and documents provide by the mediator to help complete them as well as advise and strategize in relation to their legal rights and options.

One way that this often plays out is helping a client understand what they may have a legal right to in court based on the documents provided as to assets/debts/etc and then what their goals are in relation to those assets for them to propose in mediation.

Additionally,the most important job that I do in mediation consulting is review the documents (exchange of financials) as well as agreements to ensure that the legal requirements are met and the proper language is included to protect my client. The drafting and language in the exchange in financials as well as agreements are important as all of the following can cause substantial future issues - (1) an item was not disclosed in the exchange of financials, (2) a prior prior disclosure as inaccurate, (3) an item that was disclosed in the exchange of financials was not included in the final agreement, (4) the waivers included in the agreement were not completed, (5) the basis for a provision is not clearly defined (such as spousal support and the effect on a future modification), (6) orders are not clear and specific (which causes confusion between the parties as well as enforcement issues), etc.. Any of these issues can cause substantial harm to the individuals in the future as well as unnecessarily harm their co-parenting relationship going forward.

I adamantly believe that having a consulting attorney during mediation is so important that I always recommend the parties with whom I am conducting mediation to seriously consider retaining outside counsel to advise them as I am a neutral and limited as to what I can provide by virtue of that role.