In order for divorce mediation to be successful, both parties must be willing to assert their concerns, needs and interests. Both must be able to listen to each other and be open to reaching a result that is fair to the other. Parties going through divorce mediation control the decision-making process as they make the important decisions about what is best for themselves and their family.
Mediation is also a cost-effective way to resolve a divorce case. The average cost of of a divorce case where the parties litigate at family court is $45,000 per person! Much of this expense is spent on discovery, research, and court appearances that will never be incurred for disputes settled in mediation. Parties in mediation should each consult with independent lawyers to provide legal advice as necessary and review any proposed agreement before the parties sign it, but mediation typically involves much less attorney time. Further, in mediation, the parties share the costs of the mediator instead of individually paying for two attorneys and because the parties work jointly with the mediator, issues can be resolved more quickly than with an adversarial approach.
The parties set the pace at which the mediation proceeds. Parties who would like to resolve things more quickly are not held back by court schedules. If an agreement is reached through mediation in a timely manner, parties may never need to appear in court.
I approach each mediation case with several goals:
- Facilitation of respectful communication between the parties that allows them to safely express what is important to them and why
- Gaining mutual understanding of each other's differences
- Full disclosure and open sharing of information
- Parties working together to define and clarify issues, then seek creative solutions to create a durable agreement that is fair to both parties
If I can be of assistance to you, please do not hesitate to contact me at (408) 377-2817. You may also want to look at my web site for more information at www.bloomfamilylaw.com.