Divorce MEDIATION - Powerful Conflict Resolution
Family Law Mediation
What is Mediation?
Divorce mediation is a process where both parties work with a mediator who serves as a neutral third party to help them create a mutually acceptable divorce settlement without litigation. It is a voluntary, private, informal, confidential, and cost-effective process for parties who have a good faith and genuine desire to work together to try and settle all or some of the issues dividing them.
Are their any Prerequisites for Mediation?
There are no legal prerequisites for mediation in California. However, mediation will only work, even in part, if both parties have a good faith and genuine desire to work together to settle their case.
How it Works
- We would meet for as may sessions as necessary to come to an agreement.
- Typically, these issues concern how to divide the community property - such as real property and pensions - the valuation of community property, child custody and support, and spousal support.
- Once an agreement has been made, I then draft a non-binding memorandum of understanding that reflects the terms of the agreement.
- You and your spouse/partner then present this memorandum to your respective attorneys for careful review.
- Your respective attorneys then complete all the other necessary documents to create a final "judgment package" that incorporates the terms of the memorandum for submission to the court for a judge's signature.
- If necessary, I can create the final judgment package for submission to the court.
- The meetings would occur remotely through a video conferencing service.
Timothy J. Fricker
As a divorce mediator, I work for both parties. Although I am a lawyer, I do not represent either party or both parties; instead, I am a lawyer for the mediation. In that capacity, I will
- provide authoritative information and guidance,
- offer the benefits of many years of experience, knowledge and judgment,
- facilitate the parties' negotiations.
- prepare the memorandum of understand or the final judgment package.
If requested by both parties, I can also provide guidance and encouragement when using the conflict resolution tool.
Conflict Resolution is the Essential First Step
Both parties will have the option of using a very powerful conflict resolution tool during mediation. This tool is a simple writing exercise that can significantly reduce the fear and anger that inevitably come up during a divorce. Fear and anger is normal and very common in divorces but it creates conflict that can hinder the mediation process. However, this simple writing exercise can reduce the fear and anger and thus hopefully reduce the conflict. This could transform the very way you communicate with each other during and after the mediation and possibly facilitate a speedy resolution of your divorce. I would guide both parties through this process. Both parties would have to agree to use this simple tool and also be willing to follow some basic instructions.