Family Mediation Services
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Family Mediation Services
Mediation is just a facilitated conversation between parties who have some sort of dispute. Family mediation services is mediation aimed to help families resolve legal disputes regarding divorce, child custody, guardianship, child support, alimony (spousal support), domestic violence, division of assets/debts among other family issues.
A mediator is a neutral third party who will help the parties communicate with the goal of having the parties’ come to an agreement as to the resolution of their dispute. The Mediator is not a decision maker and cannot force the parties to come up with any agreement. Thus, any agreement between the parties will be voluntary.
In California, courts encourage parties to try mediation prior to a hearing or trial. In family court, the law requires parties to attempt to resolve their child custody dispute by participating in child custody mediation. Thus, family courts across California have court mandated child custody mediation that parties must attend prior to trial or hearing. Click to read how to prepare for court mandated child custody mediation.
Child Custody Mediation in California
In California, courts encourage parties to try mediation prior to the judge hearing or deciding on the dispute. In family court, the family code requires parties to attempt to resolve their child custody dispute by participating in child custody mediation. Thus, family courts across California have court mandated child custody mediation that parties must attend prior to trial or hearing. Read more on our blogs page on preparing for court ordered child custody mediation in California !
This type of mediation is when the parties participate in the mediation process without their attorneys present during mediation. Parties may ask questions from their attorneys before they make any agreements. However, the attorneys will not directly participate in the mediation process in a three-way mediation. The parties will sit across each other with the mediator sitting between them. The mediator will facilitate a structured communication designed to help the parties have a constructive conversation about their legal dispute.
Five-Way Family Mediation
Five-way mediation is when the parties sit across each other with their respective attorneys present during the mediation process. This way the attorneys can also participate in resolving the dispute between the parties. Often parties and their attorneys (if they participate in good faith) can come up with creative solutions. This helps parties resolve issues concerning divorce, child custody, alimony, support and division of assets and debts. Thus, a good-faith participation by parties and their attorneys is beneficial.
Benefits of Family Mediation Services
So, why should you choose family mediation or collaborative approach to dispute resolution? First, research shows that mediation and collaboration is much more effective in resolving family law disputes like child custody, divorce, division of assets, child support, spousal support and even elder abuse or domestic violence. Why is this case? Well because the court system is filled with technicalities. Rules of evidence may prohibit parties from using certain material in court to prove their case. This may force the court to decide on a case without considering the relevant evidence due to inadmissibility. Second, when the parties craft their own resolution to their dispute, they are more likely to follow it. This will reduce future disputes and court intervention. Thus, family law mediation is less costly and more effective.
In California, modifying a child custody order requires a proof of significant change in circumstances. However, like most rules in the legal field, this rule also comes with important exceptions. Here, I will discuss some of those exceptions. However, first I will discuss where the change in circumstances rule comes from and why it exists in child custody cases.
William Jr. is the name given to the baby boy. William Jr. becomes the subject of a child custody dispute that changes how custody laws are interpreted and applied in California and across the US.
An exceedingly common reason for divorce is spousal infidelity. Rarely is the case that infidelity is the root cause of marital problems.
Sabeti Law & Associates
- Family law attorneys in orange county
- Family law private mediation
Address: 23832 Rockfield Blvd Ste # 175,
Lake Forest, Ca, 92630