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Understanding Mediation

On Behalf of Cullen Family Law Group | May 20, 2010 | Firm News |

Mediation, which can be described as “assisted negotiation,” is the fastest growing Alternative Dispute Resolution (ADR) method. Courts in many jurisdictions now require that disputes be mediated before they will be heard in court. Mediation differs from arbitration; in mediation, the parties create their own settlement terms with the assistance of a neutral mediator. The mediator’s job is to keep the parties conversing about their issues and to move them toward an agreement. To accomplish this, the mediator engages in discussions with both parties to identify the core issues and possible options to solve those issues. At the same time, the mediator tries to obtain an agreement on minor issues to move the discussion forward. The mediator may propose various settlement options or suggestions when appropriate. Lawyers do not have to be present during mediation. However, they may be a part of this process, they can point out the risks of the various settlement proposals and help the parties focus their energies on solutions that best meet their legal needs. Mediation is not binding unless the parties reach an agreement and the agreement is approved by the court.

The key qualities of the mediation process are its voluntary nature (the parties can leave at any time for any reason), collaborative approach, element of control (no decision can be imposed without the parties’ consent), confidentiality and impartiality. Based on having resolved their own conflict, the parties may achieve greater satisfaction, which in turn leads to a greater likelihood of compliance with the decision.

The selection of a mediator will depend on the dispute and the parties’ personalities. A mediator must be a good listener and a creative problem-solver. A mediator will also identify and clearly articulate the parties’ fundamental underlying interests and help the parties over the emotional roadblocks to resolution. The mediator must also have sufficient experience, qualifications and certifications in order to be hired for mediation.

The success of mediation will depend on the attitudes of the participants. If the parties think of mediation as a means to achieve a tactical advantage, such as causing delay in the resolution process, agreement will be unlikely. On the other hand, for parties that enter into mediation in a good-faith attempt to air their grievances and reach a compromise, the process holds great promise. It is essential, however, that the parties move beyond the personalities and emotions involved if mediation is to be successful.

If parties have attempted to negotiate a settlement with each other but have failed, mediation may be the most efficient next step in the resolution process. It is particularly appropriate when the parties wish to remain on good terms with each other, since mediation avoids much of the hostility that may be present during litigation. Mediation is often fast and economical, and it can be customized to meet individual needs. However, mediation may not be the best option for everyone, and may be inappropriate in some cases. It is important to discuss mediation with your attorney and determine if it is a suitable option for you.

The Law Office of Heather Cullen
4094 Chestnut Street
Riverside, CA 92501
951-715-4632
www.LawCullen.com

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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