Helping Bay Area Residents With Family Law Issues For Over 35 Years

Mediation Can Be A Peaceful Alternative To Collaborative Divorce Litigation

Are you looking to end your marriage? Are you seeking a flexible and nonadversarial method of doing so? If so, then mediation might be for you.

At Harris and Fraser, we can help you determine if mediation is your best option for getting a divorce. If so, we are available to act either as a neutral mediator or a consulting attorney in mediation. To schedule a consultation at our office in Burlingame, California, please call 650-389-9036.

How Does Mediation Work?

In a typical mediation session, each spouse is represented by an attorney and the session is led by a third-party neutral mediator. Parties are encouraged to work together to come to an agreement on all applicable issues. The attorneys and mediators work collaboratively to help the clients identify solutions that are mutually beneficial.

What Are The Benefits Of Mediation?

Mediation has the potential to save both parties thousands in legal fees and prevent further deterioration of the family’s relationships. Collaborative Divorce mediation is about you and your spouse deciding your own divorce, and determining what is best for each of you and your children. Elaine Ryzak Fraser recently completed and received a certificate in Mediation and Conflict Management through the Harvard Law program. At Harris and Fraser, we can act as the third-party neutral mediator to help you work through the issues you need to resolve so that you can end your marriage as amicably and cost-effectively as possible. The issues covered include, but are not limited to:

Distribution of property (assets/liabilities)
Child custody and parenting time
Child support/maintenance
Spousal support/alimony
Retirement
Taxes

Mediation is flexible and confidential, providing a way to settle conflicts, and help you and your spouse work together as parents. This is extremely important if you have children and must interact with your former spouse. Mediation also fosters communication between parents, which is helpful when discussing issues pertaining to children.

A divorce mediator doesn’t “work” for either parent and cannot give advice to either spouse. He or she must remain neutral no matter what the situation. We will help you understand the law, your legal options and various strategies that will be to your advantage throughout the process.

Mediation Consulting Services

At Harris and Fraser, we act as a neutral mediator and help you navigate through the process. As your attorney and mediation consultant, we will advise you about your legal rights, and evaluate whether a proposed agreement is truly in your best interests. In addition to helping you understand the law, costs and benefits of your options, we assist you in effectively communicating your concerns and your priorities.

Frequently Asked Questions About Divorce Mediation in California

When our clients are considering mediation as an alternative to traditional divorce litigation, they often have many questions. As we guide you through the mediation process, we can address your concerns while helping you work toward a resolution that meets your needs. Some of the questions we frequently hear from our clients include:

Is mediation legally binding in California?

Yes, agreements reached through mediation can become legally binding in California once they are documented and approved by the court. After the mediation process, the mediator or attorneys will draft a settlement agreement outlining the terms agreed upon by both parties. This agreement is then submitted to the court for review and, once approved, becomes a legally enforceable court order. This ensures that both parties are held accountable to the terms of their mediated agreement.

How long does the mediation process typically take in California?

The length of the mediation process in California varies depending on the complexity of the issues and the willingness of both parties to cooperate. On average, mediation can take anywhere from a few weeks to several months. Factors such as the number of sessions needed, the complexity of financial or custody arrangements, and the level of conflict between spouses can all impact the timeline. However, mediation is generally faster than traditional divorce litigation.

What should I bring to my first mediation session?

For your first mediation session, it’s important to come prepared with relevant documents and information. This may include financial records (e.g., income statements, tax returns, and bank statements), a list of assets and debts, and any existing agreements or court orders related to your marriage. Additionally, having a clear understanding of your priorities and goals for the mediation process can help ensure a productive session. Your mediator or consulting attorney can guide you on what specific documents to bring based on your situation.