Mediation

Mediation is a process where an experienced family law attorney works with each spouse at the same time to resolve all marital issues informally, without need for litigation. All work done in mediation is strictly confidential, subject to certain exceptions. Mediation can be a discreet and elegant alternative to litigation and court proceedings. Our office works with the clients so that all court papers that are still required to be filed are timely and properly done. Your mediator works with both spouses to reach complete settlement of all issues.

In California, each spouse still retains all rights they normally have in a regular divorce action. This includes the right to receive complete financial information from the other spouse and to subpoena records, if necessary. All mandatory financial disclosures that are a normal part of a divorce still occur.

Sometimes other persons are needed to help with the mediation process. For example, an appraiser may be needed to value a residence or a business so the clients can enter into an informed settlement of the asset. Sometimes a tax expert or CPA is needed to guide the parties on the most efficient way to divide the estate to maximize mutual tax benefits. Assets held in a trust, stock options, investments in venture funds, and property located in another state or country may need to be evaluated by another person. An actuary may be needed to create certain orders allocating a 401(k) or pension. An expert may be needed to evaluate a spouse's ability to be employed.

An Alternative To Adversarial Divorce

The goal of mediation is mutual satisfaction. Mediation allows clients to think outside the box and to go beyond, or to do less than, what the law would demand if there was no mutual agreement. Mediation allows the clients to do more than what the law would do – for example, to arrange for the college education costs of the children.

Mediation can take the financial and emotional sting out of regular adversarial divorce. Thousands of dollars can be saved by the clients by not participating in an adversarial divorce. And, mediation provides a better chance of success at co-parenting in the new two-household reality. Perhaps most important, mediation keeps the children out of an adversarial divorce process and paves the way for a smoother custody and visitation transition. Mediation also provides the ability to make temporary orders or changes to orders faster and more efficiently than the regular court process.

Contact The Law Offices of Jonathan D. Larose, APC, online or at 510-742-6100 to arrange a free mediation consultation with one of our lawyers. We generally require both spouses at the initial consultation to avoid any issues of bias or conflict of interest. As mediation clients, all communications with your mediator, whether in person or by email or telephone, are done with both clients. Mediation is conducted at the Fremont and Walnut Creek offices.