The mediation process can be divided into phases. Once the parties commit to the mediation process and sign an agreement to mediate, the attorney mediator will meet with both clients simultaneously.
Phase 1: In this phase, the contracting takes place. The mediator discusses the process with the parties and sets the stage for a successful mediation. The focus here is on how to proceed, rather than the substantial issues of the dispute.
Phase 2: Here, both parties tell their story as it is for them. Each has the opportunity to express their point of view and their interest in a resolution. The mediator helps both parties express themselves productively. At the end of this phase the mediator outlines the issues that were identified in the session and the best strategy for addressing them.
Phase 3: In this phase the mediator helps the parties find creative solutions to their dispute. At this time, there is no critical analysis of the options, but rather it is a time to brainstorm and search for all possibilities.
Phase 4: Next, the parties begin an analysis of each option, exploring the long-term impact to both involved. As the parties bargain, they will often combine ideas to achieve the best outcome.
Phase 5: Lastly, once the parties have reached an agreement, the mediator will memorialize it in a written document. Each party will take the document to a consulting attorney for review. After any additional revisions have been made, the mediator will file the necessary court documents.
The length of the mediation process may vary depending on the readiness of each party to reach an agreement. If both participants take the necessary steps to move the process forward they will probably have between six to ten meetings with the mediator and it will typically take between six months to a year to complete a dissolution.
In the event that the parties can not reach an agreement in mediation and decide to litigate their dissolution, with few exceptions, the mediator may NOT be called to testify in any subsequent civil proceeding according to the California Evidence Code, nor may the preliminary agreement between the parties, be reported to the court. The participants will sign a confidentiality agreement and a retainer agreement at the start of the mediation process.
Chandra Nelson-Robak of Mediation Law Offices of Chandra Nelson-Robak is an attorney mediator in Walnut Creek, relying whenever possible, on mediation and Collaborative Law methods when facilitating resolutions in legal disputes related to family law and real property law.
Since 2002, Chandra has been working in the areas of real property law negotiating resolutions to landlord tenant disputes and purchases for real estate development projects, as well as family law litigation. After the birth of her son, she came to believe that her client's interests are best served by using mediation to resolve disputes.
------
Divorce lawyer Serving Contra Costa and Alameda County. Specializing in divorce mediation, real estate mediation, real property mediation, landlord / tenant mediation & family law mediation. Visit
http://mediation-law.com
