Mediation

Mediation

Divorce Mediation Lawyer

Serving Orange County and Surrounding Counties since 2000

What Is Mediation?

Mediation is a confidential, alternative approach to litigated or disputed dissolution cases that helps the participants reach their own decisions in an equitable, agreeable and cost-effective manner.  It is an agreement whereby neither client is represented by counsel, however, both parties have the ability to shape the direction of the conclusion to their own case.  Attorney Sam Christopher Allevato can assist you and your spouse in divorce mediation by allowing you both to be the decision makers.  The divorcing couple, through a series of mediation sessions with Attorney Sam Christopher Allevato, reaches their own settlements and arrangements settling issues such as child custody, child visitation, child support, spousal support (alimony), division of community property, allocation of debt, division of retirement benefits, characterization and evaluation of property and other related issues of their particular matter.

In mediation, with the assistance of Attorney Sam Christopher Allevato, an attorney practicing exclusively family law and who is experienced in conflict resolution, the goal is for the parties to maintain control over the outcome.  Attorney Allevato facilitates the discussions, informs the parties of future issues, keeps certain ground rules in place, and provides legal information and suggestions for an equitable outcome.  Once an agreement is reached to the satisfaction of both parties, Attorney Allevato will draft legal documents that memorialize your agreement.

The success rate for parties that self-select mediation is high.  Mediation works if you are willing to accept certain aspects of your case and are willing to discuss with your spouse openly strategies that are consistent with both of your interests.  Attorney Sam Christopher Allevato has assisted several clients and is an experienced family law mediator with a variety of mediation approaches.  Attorney Allevato is able to tailor his skills to meet your needs and goals.

Advantages of Mediation

Mediation is confidential.  All discussions during mediation are confidential and privileged.  Generally, the mediator may not be compelled to testify as to any statements made by either party during the mediation process nor can the negotiations be used at any future hearings in the event Court intervention is necessary.  While your final judgment is a public document filed with the Court to secure your divorce, your financial information and personal issues remain confidential as they will not be filed as a court pleading.

Mediation helps preserve a working relationship with your spouse.  While you and your spouse will no longer be married, you will always be your children’s parents.  Mediation may assist in preserving a co-parenting relationship that will undoubtedly help in raising your child in a well adjusted and loving environment.  Mediation makes it less likely your relationship with your former spouse will suffer a total and complete breakdown.  It may assist you in properly discussing with you former spouse appropriate parenting methods for your child.  Furthermore, it may help facilitate the agreements being honored; including provisions for the payment of spousal support and for step-downs and reductions in spousal support.

Mediation maybe less costly than traditional divorce litigation.  Our retainer for our mediation services is significantly less than our other family law matters.  And many clients have been successful at completing their mediation within the retainer amount.

Mediation may take less time than a traditional divorce that is litigated.  Most of our mediation clients have completed their dissolution in a matter of a couple months so long as they are willing to work diligently on the advice of Attorney Sam Christopher Allevato.  Under California law, there is a six month waiting period from the filing and service of the initial request for a divorce until the divorce may become final.  Through mediation, your final judgment may be entered before that six months has expired, with your marital status terminated on a future date conforming to the six month rule.

Mediation allows you to control your future.  By mediating such issues as child custody, child support, spousal support, property division, debt allocation, and retirement funds, you not only actively participate in securing your future, you control it because you decide, along with your spouse, how you will handle these matters.

Mediation keeps your children from being in the middle. With the speed, confidentiality, and reduced costs of mediation, the divorce process is smoother and less likely to negatively impact your children.  In mediation, you can try out custody arrangements and parenting plans to see if they work for you and your children before committing them to a formal, binding order of Court.  Mediation helps you put your children’s best interest, health, education, and welfare first.

Mediation explains California Family Law to you . During mediation, it is important for you to make an educated and informed decision.  By mediating with Attorney Sam Christopher Allevato, you will be advised of your rights under California law.  Once you understand what the law provides, you will be able to make a so-called knowing and voluntary decision about how you want to proceed. Your decisions are knowing because you will understand the law and they are voluntary because you are your own decision maker.  There is no coercion or undue pressure in mediation.

If you are considering divorce or have been served with divorce papers and would like to explore your mediation options with your spouse, contact our offices today to discuss your matter.

For a confidential consultation with Sam Christopher Allevato, Attorney at Law call (714) 832-1166 or contact us today online.