Mediation: Conducting Family Law Matters Through A Neutral Party
Mediation is often the most cost-effective process for resolving family law issues. As a mediator, attorney Jill White’s role is to maintain neutrality, not to advocate for either party.
Jill White Law and Mediation PC, provides relevant legal information, prepares and files legal documents with the court and helps streamline the process. Some clients come into the process already in agreement about how they will split assets and debts. They may already agree on what support should be, and they are on the same page regarding a shared parenting plan.
Other clients need more help sorting out these important issues, and Jill guides them in a constructive approach to talking about needs, interests and goals. Jill recognizes where emotions hinder respectful discussion. She strives to help clients stay on track to co-create fair and equitable agreements.
Cost is generally driven by the level of conflict between the parties and can be kept under control through effective communication and attentive listening.
Frequently Asked Questions About Mediation
When you are facing a divorce or legal separation, an overview of the mediation process helps you determine whether this option is an appropriate fit for your case
Do both spouses have to attend the mediation sessions?
Mediators in family law often require both spouses to participate, as the process aims for a joint resolution. However, in some cases, the mediator may speak individually with each spouse so long as both spouses agree to this type of caucusing. Mediation sessions are often on Zoom, the meeting in person is an option.
What if we reach a partial agreement, can we mediate the rest later?
If you only reach a partial agreement with your spouse, you can usually mediate the remaining issues later. Because California mediation is a voluntary process, it allows parties to resolve some or all their issues. A Judgment can be entered specifying the agreements reached and reserving jurisdiction over a particular issue. Ideally, all issues can be resolved in the Marital Settlement Agreement so that the parties do not need to come back to mediation or litigate an issue in the future.
For instance, if you and your spouse agree to specific terms and sign the legal document, those terms become part of your final divorce judgment. This means a court can finalize any issues you have resolved and retain jurisdiction over issues that have not been resolved.
What happens if one party signs and later regrets the agreement?
If the spouses have signed a marital settlement agreement but haven’t submitted it to the court the agreement is a valid contract if the effective date is specified as the date of signing. If both parties agree to make edits to the document, the revised marital settlement agreement will be filed. By contrast, if a judge has already approved the settlement agreement and incorporated it into the final judgment, the parties can seek a modification without going to court by signing a post judgment stipulation and order submitted to the court to become orders.
A party who wants to modify the terms of the settlement after a judgment is entered would have to show a valid reason such as fraud, duress, undue influence or a lack of disclosures of assets. Because mediation confidentiality and settlement-enforcement rules can be technical, it is recommended, though not required, for each party to have the proposed settlement agreement reviewed by independent counsel before signing.
Connect With A Trusted Mediator Lawyer In Petaluma Today
If you are curious about family law mediation or need legal guidance with your property division or spousal support issues in California, attorney Jill can help explore all your options. To arrange an initial consultation with her, you may reach her office today at 707-900-4535 or send her a confidential email. She serves individuals and families in Petaluma, Sonoma County, Marin County and all of California.