Escondido Mediation Lawyer

Escondido Mediation Attorney

Legal cases can be stressful, especially if they are related to family disputes. Mediation is available to couples going through a divorce or other family law issues and represents a more cooperative way of settling a case. An Escondido mediation lawyer can walk you through your options for settling family law disputes outside of court.

The dedicated legal team at Erica Bloom Law offers comprehensive mediation services for families in San Diego County. An Escondido family law attorney delivers high-quality services to each case, bringing the most optimal solution for all parties involved.

Mediation in California Explained

California courts offer alternative dispute resolution (ADR) as an option to those engaged in court proceedings. One of these ADR options is mediation. Though mediation is often pursued in civil claims, it also has a place in resolving family law disputes.

Mediation is a process where both parties involved in a legal case can sit together and cooperatively determine an adequate agreement or settlement. Mediation can be pursued during a divorce as a way to resolve disagreements about marital property division. It is also available to couples who need to work out a parenting plan to decide on the legal or physical custody of their children, and it is often recommended and at times required by family court judges.

During the process, a mediation lawyer acts as a neutral third party, facilitating the negotiations. This course of action is pursued outside of court and involves:

• An initial consultation where a qualified mediator discusses the process with both sides.
• Each party presents its arguments for why it desires a specific agreement.
• Supervised discussion between both litigants.
• Drafting an agreement for each person to review.
• Reaching an agreement on a final settlement.
• A family court judge signing off on the final agreement, making it legally binding.

The Goal of Mediation

For cases of child custody disputes, couples may be required to complete an orientation before they engage in the mediation process in Escondido. The goal of the process is for both parties to come out satisfied with the final agreement. Each party can bring their own personal attorney to mediation to advise them.

Some cases may not be resolved through mediation. If this happens, the matter can be scheduled for a hearing at your local family court, and a judge can determine the final details of the settlement.

Benefits of Using Mediation During a Divorce

There are several advantages to pursuing mediation during a divorce or child custody dispute.

• It Can Be Cost Effective: Litigation can be expensive, and settling a case outside of court through mediation may mean paying fewer attorney and court fees.
• It May Save You Time: Going through mediation is also time-effective. Both parties and the mediator can agree on the length of the mediation process and are not beholden to the court’s schedule.
• It Affords You More Privacy: Engaging in ADR also means your case stays outside of the public eye, affording you more privacy than if the case was handled through court.
• It Leaves the Power in Your Hands: Leaving your case in a judge’s hands means letting go of control over your finances and children’s lives. Mediation permits you to take back that power and have a firm say about the details of your divorce settlement or custody dispute.
• It allows for a Cordial Relationship: Participating in mediation may lead to a more harmonious resolution to a case, which can be essential for couples who will find themselves in a co-parenting situation.

For amicable divorces, having a mediator in your case helps shed light on specific aspects of the separation or custody dispute you might not be aware of. There are times, however, when mediation may not be the right option, like in cases with a history of domestic violence.

The Role of an Escondido Mediation Lawyer

The role of a mediation attorney is very specific. A specially-trained attorney may act as a mediator during a divorce or child custody dispute. Their role is to facilitate settlement discussions between both parties involved.

Mediators listen to each individual and their concerns, and they provide recommendations for terms of the settlement based on their knowledge of the law. These attorneys do not make the final decision. They are simply there to ask questions and give suggestions for the optimal resolution to the case.

With the assistance of a knowledgeable Escondido mediation lawyer, you can have peace of mind that your settlement agreement is the most adequate for you and your family’s needs.

Escondido Mediation FAQs

Q: Should You Have a Lawyer During Mediation?

A: It is not necessary to have a lawyer with you during mediation in Escondido, CA. It may, however, be beneficial to have the guidance of a skilled family law attorney during the process. Since a mediator acts as a neutral third party, they may not be able to prioritize your needs during the dispute. A personal attorney may advocate for your requests to be taken into consideration.

Q: How Much Does Mediation Cost in California?

A: The cost of mediation is determined by the complexity of your case and can be influenced by the attorney’s years of practice. Geographic location also plays a role in how much mediators charge. Mediators may assess an hourly rate for their services. An attorney should discuss their fee before initiating their work with you.

Q: Is There a Downside to Mediation?

A: There are very few downsides to mediation. A potential concern with mediation is that it may not work out, and you may have to proceed to court anyway. Even when mediation fails, both parties come out of the process with more knowledge of the law and the potential terms of the agreement. Mediation may not be recommended if there is a history of domestic violence in the relationship.

Q: Do Cases Settle After Mediation?

A: Many cases that go through mediation are settled outside of court. Once a drafted settlement agreement is reviewed and approved by both parties, the settlement is evaluated by a family court judge. If there are no issues with the agreement, the settlement is finalized and both parties must comply with its terms.

Consult a Seasoned Escondido Mediation Lawyer

Mediation is a practical and effective way to handle family law disputes, including marital property division and child custody matters. By choosing mediation, you can save time, and money, and can reach a peaceful and optimal resolution to your case.

Erica Bloom Law looks out for you and your family through compassionate family law support for communities in Escondido and other San Diego County cities. Contact our office today to learn more about our mediation services.