Irvine Mediation Attorney

Mediation is a voluntary process wherein the parties to a dispute are aided in their settlement negotiations by an impartial, neutral third party called the mediator. In mediation, the parties control the outcome. Mediation enables the parties to communicate their perceptions, feelings and information directly to one another in a safe, controlled environment. This often reduces hostility and facilitates rational discussions. The results of mediation are not limited to the outcomes of litigation, and are often creative.

The success rate for mediation is high, since it is a voluntary process and most participants are highly motivated to reach an agreement. It is estimated that between 80% and 85% of mediating parties reach a full agreement.

In mediation, all discussions and materials, with very few exceptions, are confidential. If no mediated Agreement is reached, evidence of the mediation discussions, mediation materials and any draft mediation resolution will not be admissible in any other adversarial proceeding.

Generally, the mediation will begin with a joint session attended by both parties. Each party should be prepared to summarize his/her position during this session. The goal is not to prove a case, but to clarify your views while educating the mediator.

The joint session may be supplemented by private discussions, as appropriate, between the mediator and each party. The mediator may help all parties gain the most balanced, possible evaluation of the matters. Finally, the caucuses provide an opportunity to assess realistic options for resolution, without endangering any party's negotiating posture.

Joint sessions combined with caucusing, as needed, will generally continue as acceptable options are developed for the issues being considered. At completion of the mediation, a Judgment for Dissolution of Marriage will be prepared documenting all agreements made by the parties.

Before coming to the mediation session, identify all of the issues that you desire to resolve at the mediation. Then, while trying to view the issues from the other party's perspective, attempt to identify possible solutions which are acceptable to you and which you believe will be acceptable to the other party.