Family Law Mediation & Its Benefits

Dealing with family conflicts can be incredibly emotionally draining, and when legal disputes are involved, it can escalate into a time-consuming and costly process. However, there is a more constructive and supportive path to resolving these issues – mediation. At Mello & Pickering, LLP, we provide family law mediation services to couples in the San Jose area, that aim to help your family reach the best possible outcome while also minimizing expenses for all parties involved. Our mediation approach focuses on fostering a positive environment, and ensuring that your goals are addressed effectively and with greater understanding of the process.

Mediation Benefits

Mediation offers several advantages over a trial. For example, mediation is generally a more cost-effective, less contentious, and much faster process in comparison to litigating a case in Court. Litigated cases can drag on for years, resulting in exorbitant costs for both parties. However, family law mediation stands out for its capacity to substantially reduce the expenses that would otherwise be incurred. By opting for mediation, parties can avoid prolonged legal battles, resulting in a more efficient and cost-effective resolution process.

Mediation offers a notable advantage as it also provides a less adversarial and hostile approach to resolving disputes that arise in family law cases. With the guidance of an experienced mediator, parties can effectively communicate their needs, desires, and perspectives to each other in a non-adversarial environment. This becomes especially crucial when the parties involved seek to maintain an amicable relationship despite the end of their romantic relationship. Often, emotions stemming from the end of a romantic partnership can prevent the parties from being able to reach a resolution on their own. A skilled mediator can attentively listen to both sides and assist them in communicating effectively and constructively, ensuring a more positive and productive negotiation process.

Moreover, mediation provides the parties with a higher level of control over both the process and the eventual outcome. Unlike contest trials/hearings in Court where decisions are imposed upon the parties by a Judge, a successful mediation allows the parties to determine the outcome of their case. Mediation also opens up the possibility for creative and innovative resolutions that may not be available within the constraints of a trial.

Role of the Mediator

During the mediation process, an unbiased mediator facilitates communication and negotiations between the involved parties, guiding them towards finding a resolution that is mutually agreeable. The mediator’s role is not to make a decision where an agreement cannot be reached by the parties, but rather it is to empower the parties to settle the dispute themselves. This in turn gives both parties full control over the outcome.

Cases for Which Mediation May not Be Appropriate

Effective mediation relies on the willingness of all parties to cooperate and compromise. Therefore, unless both parties are willing to be completely transparent, cooperative, and respectful of one another despite their differences, mediation cannot be successful. Similarly, in situations where there is a history of abuse or victimization, choosing to go through mediation is not likely to be an appropriate solution.

How Our Family Law Attorneys Can Help

• Evaluate the facts and circumstances of your case
• Clarify the legal issues
• Encourage clear communication between the parties
• Advise both parties as to California community property law and the impact of the same on the parties’ case
• Assist with preparation of pleadings, including mandatory disclosure documents
• Assist the parties in drafting an agreement that the Court will accept

The family law attorneys of Mello & Pickering, LLP in San Jose work to facilitate agreements between families on a daily basis. If you are struggling to resolve issues involving legal separation, divorce, custody, or support, we can help. The strategies we use have assisted numerous clients work through the process to minimize time and expenses. For an initial consultation, call (408) 288-7800 or email mpllp@sjfamilylaw.com.