Fresno Mediation Lawyer

An experienced mediator can avoid expensive and divisive litigation

If you’ve made the decision to dissolve your marriage, the last thing you want is to have to go to trial to protect your interests. Fortunately, you can take a less stressful route. A skilled mediator can often guide parties to a reasonable compromise, saving them time and money. At Gates Law Group, A Professional Corporation in Fresno, California, we provide divorce mediation services. We also represent individual spouses in mediations, giving in-depth advice to help them achieve the best possible results.

What is divorce mediation?

Mediation is a method of alternative dispute resolution that is available in many civil disputes. Divorce mediation seeks to resolve the details of major issues such as alimony, child custody, child support, spousal support and division of property. In mediation, a neutral third party, the mediator, guides discussions on key issues to help the parties reach a compromise agreement they can present to the judge for approval. The mediator is usually trained in conflict resolution and employs negotiation skills to resolve disputes. Mediators do not provide legal advice or force the parties to agree. Parties are entitled to have attorneys represent them throughout the medication process.

Benefits of divorce mediation

There are numerous reasons to consider divorce mediation. Potential benefits include:

• Reduced costs — Mediation can save you the costs of a trial, which are substantial. Trial tends to require far more preparation than a mediation, including extensive pretrial steps.
• Time savings — You can schedule sessions freely without being hindered by a busy court calendar..
• Greater privacy — Mediation sessions are confidential, whereas the court creates a public record of all matters before it.
• Less emotional turmoil — Mediation is a cooperative process, so it’s far less adversarial than court. The parties meet with the mediator privately, often without having to see each other.
• Greater control over the outcome — Mediation is voluntary, so you don’t have to accept terms you feel you can’t live with. You retain the option of taking your case to court if necessary.

These benefits make mediation a viable option for parties who can work together cooperatively.

Getting the most from the mediation process

Steps in the mediation process include the following:

• Selecting a mediator — Both parties should agree on the choice of mediator.
• Goal setting — Each party meets with their attorneys to set goals for the process.
• Disclosures — Each party voluntarily discloses information that is pertinent to the proceedings, especially financial records.
• Negotiation sessions — The mediator leads sessions focused on particular topics, such as alimony, child custody, child support, spousal support and division of property.
• Adoption of agreement — The mediator drafts a proposed agreement, which each party reviews with their attorneys. Finer points of the agreement are worked out until there is a final draft which the parties can both accept.
• Presentation of agreement to the court — The parties present their signed agreement, which the judge uses as the basis for the divorce decree.

Parties who do not reach a comprehensive agreement on their key issues can present a partial agreement to the court. Outstanding issues are held over for litigation. If we represent you in a mediation, we will work hard to ensure your interests are protected in any outcome.

Mediating other family law issues

Mediation can be effective for a range of family law issues beyond those that occur during a divorce. These include: 

• post-divorce child custody and parenting time schedule conflicts
• issues arising from the relocation of custodial parents and their children
• prenuptial agreements and cohabitation agreements between parties buying property and raising children together
• modification or enforcement of orders

Mediation is required in child custody and parenting time disputes and an agreement on child custody or visitation will require the approval of the court, which must ensure that it is in the best interests of the child. Other issues will require only the parents’ agreement.

Contact a Fresno divorce mediation lawyer for a consultation

Gates Law Group, A Professional Corporation advises clients during mediation of family law issues throughout California. Our firm’s main office is in Fresno and we also have locations in Paso Robles and Visalia. Please call 559-432-9944 or contact us online to schedule a consultation.