San Mateo, California Mediation Services

Mediation is a voluntary process that can resolve differences in a non-adversarial way. At ADZ Law, LLP, this method of dispute resolution is an important part of our law practice. With decades of combined experience and extensive professional mediation training, our attorneys serve as mediators, advise clients during mediation, and review mediation agreements for clients. The firm offers mediation services in the San Francisco Bay Area and throughout the State of California.

Our Mediation Services

In providing mediation services, our attorneys at ADZ Law draw on their many years of experience in all aspects of family law, as well as extensive professional training in mediation. Our goal is always to maximize the benefit of mediation.

As mediators, our mediation style suits the unique circumstances of the parties. We employ techniques used in the evaluative, facilitative, and transformational styles of mediation. We understand the depth and range of emotions that parties experience in domestic disagreements. We excel at reframing issues and helping the parties step back, reduce conflict, and work toward resolutions.

In assisting clients during the mediation process, we apply our professional experience as mediators, maintain focus on the client’s goals and interests, and help the client benefit from the mediation process to the greatest extent possible. After a successful mediation, we carefully review all the terms in the mediation agreement with the client to make certain they fully understand the settlement.

The Role of Mediation in Family Law Cases

In mediation, a neutral third-party mediator (who is often, but not always, a family law attorney) facilitates discussions between parties unable to reach agreement on legal issues, including child custody. Through mediation, the parties have the opportunity to negotiate their own settlement in a non-adversarial setting, rather than having a court (or their lawyers) impose a resolution.

During mediation, the parties draw on their own objectives and views of fairness and are not bound by what the law would require them to do. Mediation can be faster and less expensive than litigation. It often leads to a better result for both parties, reduces conflict and stress, and preserves relationships, due to the collaborative nature of the process.

In a child custody case, the court may order mediation if the parties are not able to resolve all areas of disagreement. However, mediation is a voluntary process that only works if both parties approach it in a constructive way and cooperate during the mediation sessions. It does not work in every case or situation. In addition, if mediation begins, and either party feels mediation does not serve their interests, they may end it at any time.

The process of mediation involves mutual compromise and accommodation of both parties’ interests. Successful mediation enables the parties to arrive at a settlement determined by and acceptable to both of them. The mediator does not make decisions or impose resolutions, but serves only as a facilitator in the discussions between the parties to help them develop compromises and find areas of agreement.

At the conclusion of successful mediation, the mediator helps the parties create a written agreement that embodies the decisions made by the parties during the process. Each party should have their attorney review the agreement before they sign. Ultimately, the agreement is submitted to the court for approval. If mediation is not successful, areas of disagreement are resolved by the judge in litigation.

The Mediation Process

In California, parties in a divorce or other family law case may use mediation to resolve some or all areas of disagreement. Depending on the situation, mediation may be provided through a court-connected program or by a private mediator chosen by the parties. Court-ordered mediation is typically limited in scope to helping the parties create a parenting plan in a custody case. Private mediation can be as extensive as the parties wish and may include a broader range of subject areas.

Mediation sessions take place in a neutral location. The parties represent themselves in the mediation but may have a lawyer accompany them to provide advice during the session. Our client mediation services at ADZ Law include educating clients about the mediation process, attending mediation sessions with the client to provide guidance during the discussions, and reviewing a mediation agreement at the conclusion of a successful mediation.

Mediators are professionally trained to help the parties identify and explore the issues that need to be resolved, create common ground, and ensure that both parties fully understand the legal process that applies. The mediator does not advocate or make decisions for either party or impose solutions on the parties. Agreement is reached only when the parties respect the process and cooperatively work together to identify solutions that are acceptable to both of them.

When mediation succeeds, the parties can often maintain a more civil relationship that serves the best interest of children and walk away more confident and at peace with the outcome. If mediation does not succeed, and further negotiation is not possible, the parties and their lawyers can only resolve outstanding issues through the adversarial courtroom process.

Mediation in Cases Involving Domestic Violence

California courts do not make exceptions for the mediation requirement in cases involving domestic violence, but there are special rules that apply in court-ordered mediation in a case with a history of domestic violence.

A mediator must develop a safety plan for a domestic violence victim, which includes meeting with the parties at separate times and places when requested by a victim. The victim may bring a support person to mediation sessions, although a mediator may exclude a person who disrupts the mediation process. The safety plan may address other issues of concern as well.

On account of our commitment to helping victims of domestic violence and our dedication to ensuring the safety of victims throughout family law proceedings, the lawyers at ADZ Law are particularly well-positioned to assist domestic violence victims with mediation services and address the issues that court-ordered mediation creates.