MEDIATION

You may often need legal counsel for family law issues and a procedure for settling your disputes. Yet, going to court to litigate drives up expenses and puts a judge in control of your final outcome. To minimize costs and retain a measure of control in crafting your resolution, you should consider mediation.

The Law Offices of Steven E. Springer offers mediation services for family law clients throughout Santa Clara and Alameda counties. With more than 30 years of combined marital law service, our attorneys can help you anticipate problems, perform cost-benefit analyses, and assert your rights throughout every stage of the mediation process. Your first step toward a successful resolution is to consult our attorneys.

WHAT IS FAMILY LAW MEDIATION?

Mediation is a process wherein two parties meet with a neutral mediator who listens to their concerns, helps them to balance equities, and moves them toward a resolution that is mutually beneficial. Prior to meeting with the mediator, the parties consult with family attorneys who advise them on the pertinent issues at stake in the dispute.

The parties meet with the mediator until they’ve reached an agreement on all salient points or until they agree that they’ve reached an impasse and must take their issue to court. The preparatory sessions are vital because you want to reach a final settlement that you can take to the judge for approval.

Once the judge accepts your signed settlement, the settlement assumes the force of a court order, so you would have to go back to court to change it. The Law Offices of Steven E. Springer ensures that you’re fully prepared when you enter your mediation sessions so that you can confidently state your goals and clearly voice your concerns.

WHEN TO USE MEDIATION FOR FAMILY LAW ISSUES

You can use mediation prior to marriage, during your marriage, or when you’ve concluded that your marriage is over. It can be a viable option for situations involving:

• Prenuptial agreements. Many people have concerns regarding the property rights that they want to address before committing to marriage. For a prenuptial agreement to be effective, the parties should negotiate to remove any notion of one-sidedness.

• Postnuptial agreements. Financial stress can often undermine a marriage. Mediating a postnuptial agreement can clarify the couple’s finances and give them an added level of security. In addition to marriage counseling, mediating a postnuptial agreement can help stabilize the relationship.

• Divorce settlement agreements. Once the divorce process has begun, spouses should be concerned with resolving their issues as quickly and cost-effectively as possible. By mediating their divorce issues, the couple can craft a divorce settlement agreement to present to the court in an uncontested divorce. The couple may not be able to resolve all issues in mediation, but the issues that they do settle save them time and money.

WHO SHOULD USE MEDIATION?

Since spouses meet during mediation without their attorneys present, they must be able to communicate effectively with each other. Mediation can only succeed where some trust and respect still remain in the relationship. It is definitely not for marriages where intimidation or abuse has caused deep distrust. An attorney can help you determine if mediation is the right path for your family.