The attorneys at the law firm of Mayer & Young, PC are trained mediators and have earned certificates from the Northern California Mediation Center. We find that this alternative to the traditional litigated divorce can be a successful option in the majority of family law cases. As both attorneys and mediators, we offer our clients a unique perspective as to how we have resolved cases in both a litigated and non-litigated setting. Although we will refrain from providing either party with “legal advice” we can explain and interpret the law. This allows both parties to make informed decisions, while still offering the option of using a creative problem-solving approach.
First and foremost, mediation provides an avenue for your unique case objectives to be addressed immediately, rather than utilizing the court process, which can be time-consuming and expensive. Moreover, parties are more likely to abide by agreements reached in mediation because they worked together to find a solution that best suited each of their needs. In our experience, the cost of a mediated divorce is almost always less than a litigated case. There are several reasons for the decrease in cost, including the use of one neutral person to help two parties navigate their divorce, narrowed time and scope of issues that are resolved in an informal setting, and a focus on the parties over the process.
Here are the answers to some of our most frequently asked questions:
Can I use my own attorney?
Yes, you are still able to retain an attorney to represent your individual interests and we recommend that you do so even if only at the conclusion of the mediation, prior to signing the formal divorce agreement called a Marital Settlement Agreement.
Is mediation binding?
Not until you actually sign the Marital Settlement Agreement. Prior to that time, the parties may choose to discontinue mediation in favor of any other type of family law dispute resolution including litigation.
Is mediation confidential?
Yes, but with certain exceptions. For example, a party cannot use mediation to prohibit the introduction of an otherwise discoverable document.
Will you prepare my court paperwork?
Yes, your attorney mediator will help you with your divorce from start to finish. We will assist both you and your spouse with all of the legal forms necessary to complete your divorce and send them to the court on your behalf for processing.
Do I have to appear in court?
No, if you and your spouse reach an agreement in mediation, then you will not need to appear before a judge.
If you have further questions or are interested in learning more about mediation, please call our office at (916) 631-1996 to speak with one of our Folsom mediation attorneys.