Thousand Oaks Mediation Lawyer

Thousand Oaks Mediation Attorney

Mediation in California is a collaborative process that helps two parties reach a mutually agreed upon solution to a legal dispute. It allows contested issues to be worked on together outside of court to reach agreements on common family law issues like child custody, alimony, and property division. A Thousand Oaks mediation lawyer can help you understand your legal rights and options.

At McFadden Family Law & Mediation, our practice prioritizes peaceful and efficient dispute resolution through the mediation process. We are passionate about helping clients avoid contentious court battles and reach fair resolutions in the best interest of their families. All of this can help our clients save time and money while also resolving issues as amicably as possible.

The Advantages of Mediation

If you are considering or going through a divorce, it is important to understand the benefits of mediation. These include the following:

• Less expensive than litigation.
• More cooperative than a court battle, making it more likely you and your ex can maintain a civil relationship and co-parent if you share children.
• More control in your hands; no rolling the dice with a judge.
• More flexibility to achieve the results you want.
• Faster than going to court.
• More private than airing your grievances in open court.

It is almost always worth considering the option of mediation. Some exceptions would include if you believe your spouse is hiding assets, or is a danger to you or your children: in those circumstances, you might need an attorney to litigate on your behalf.

What Is the Mediation Process Like in Thousand Oaks, California?

Mediation has become increasingly popular in California, as it allows family law disputes between spouses to be dealt with in a less adversarial and more collaborative way than going to court. Below is a breakdown of how this process typically goes in Thousand Oaks, CA.

The Decision to Mediate

Both parties must first decide that they want to try and resolve their differences through mediation rather than litigation. Many find this option to be appealing because it allows them to have more control over the outcome of their case rather than leaving decisions to rest in the hands of a judge. This can also keep the peace between both parties.

Initial Consultation and Scheduling Sessions

A mediator plays the role of a neutral third party who helps two parties in a dispute reach an agreement without going to court to litigate their issues. McFadden Family Law & Mediation offers free 30-minute consultations to both parties to explain the mediation process and help decide whether it is right for them. Once a couple decides to use our mediation services, they will be told how to prepare for the following sessions when they will discuss the issues that need to be resolved in order to reach a final agreement.

Facilitated Discussions

Once it is time for the first mediation session, the mediator will help facilitate the discussions to ensure both parties have a chance to communicate their concerns and desires. The mediator will remain as neutral as possible during this time to help guide conversations without appearing like they are taking any sides. The mediator’s goal is to not impose any type of specific ruling, unlike a judge, but rather help both parties find a mutually agreeable solution. However, sometimes if parties reach an impasse, a mediator like Marya McFadden who is also an attorney can help them make a decision by telling them how a judge would likely rule on their dispute.

Drafting a Settlement Agreement

Once both parties have reached a consensus, the mediator will spend time drafting a settlement agreement. In this document, all of the terms of the agreed-upon resolution will be outlined. This can include how the couple wants to divide marital assets, deal with child custody, and set the amount of child and spousal support payments. The mediator will reinforce how important it is for both parties to review this document thoroughly before signing to ensure it was written as they intended.

Court Approval and Finalization

Once a settlement has been drafted and reviewed, it will be sent to the California court system for approval. A judge will review the terms and conditions of the agreement to make sure it is compliant with California law. If everything seems appropriate, the judge will sign off on the agreement, and the parties will receive the same type of legally enforceable order or judgment that they would have received if they had gone to court.

This entire process has been specifically designed to provide an opportunity for contentious family law issues to be dealt with in a more cost-effective and collaborative way than going to court. Having a skilled Thousand Oaks mediation lawyer guide you through this process can help ensure the sessions remain fair and balanced and that no one’s rights are taken advantage of during the process.

Why Choose McFadden Family Law & Mediation for Your Mediation Needs?

As a mediator certified in dispute by the Pepperdine School of Law Straus Institute for Dispute Resolution (the #1 alternative dispute resolution program in the world), Marya McFadden has helped hundreds of couples mediate their divorces and other legal issues, and she firmly believes that mediation is usually the best way to resolve most family law matters.

As a mediator who is also an attorney, Marya would handle all of your legal paperwork from start to finish to make sure it is done correctly, without ever requiring you to set foot in a courthouse. She will advise both parties of their legal rights and responsibilities. She will help you understand your options, negotiate an agreement that is fair and acceptable to both sides, and obtain a legal judgment just as if you had gone to a trial.

McFadden Family Law & Mediation currently has a $4,000 flat rate divorce mediation special that includes your filing fee to the court, the preparation of all paperwork you need from start to finish to get a divorce judgment, notary fees, and three hours of guided negotiation meetings with your mediator. If additional meeting time is necessary to reach a full agreement, you will be charged the mediator’s hourly rate.

FAQs

Are Mediation Costs Recoverable in California?

Mediation costs are not generally recoverable in California as part of a legal judgment or settlement. In most cases, both parties are expected to pay their fair share to engage in these sessions. The total cost will often be split down the middle. However, sometimes, one party might try to negotiate for the other party to cover a portion of these costs as part of their mediation agreement. If the other party agrees, this can be a valid exception.

How Long Does Mediation Usually Take in California?

The length of your time in mediation varies based on how many issues you need to discuss and how long it takes for both parties to reach a resolution. Simple cases that are not contested can be solved in a single mediation session. More complicated cases involving complex asset division or highly contentious issues may take multiple sessions to lay out all the facts and give both parties enough time to communicate their desires and negotiate a fair solution

Do You Have to Be a Lawyer to Be a Mediator in California?

No, there is no requirement in California for mediators to also be lawyers. However, hiring a lawyer as your mediator helps to ensure that all parties are fully informed of their legal rights and options. It also increases the chance that all issues will be thoroughly addressed and that the final judgment submitted to the court is legally enforceable. A mediator who is a psychologist or financial advisor will not have the same legal expertise.

What Can Be Decided During Mediation?

All of the issues that need to be decided to obtain a final divorce judgment can be agreed upon during mediation, including parenting plans, property division, child support, and spousal support. A mediator can guide the couple through deciding on custody decisions, visitation schedules, and how communication will happen between them regarding the care of their children. Mediation will address your family’s unique circumstances, such as work schedules, extracurricular activities, holiday and vacation schedules, and preferences about how marital property will be divided without letting a judge decide. Mediation can also be used to resolve family law disputes that may arise after a divorce such as whether spousal support should be modified or a parenting plan should be changed when circumstances change.

Does Mediation Ever Involve Other Professional Consultants?

Yes, if your case would benefit from involving other experts to help obtain information necessary to make decisions, McFadden Family Law & Mediation has an extensive network of local professional connections to advise you. For instance, if you need to obtain the value of a business or real estate, we can find a forensic accountant or appraiser to assist. If you need a therapist to help make custody decisions, we can refer you to the best match. If you need a realtor or mortgage broker to facilitate a home sale or refinance, we’ve got you covered.

Contact McFadden Family Law & Mediation Today

If you want to learn more about the value of mediation sessions in California, get in touch with the family law team at McFadden Family Law & Mediation today. We have extensive experience with this collaborative approach and would be happy to show you how it might be the right choice to resolve your own family law disputes. Contact our firm today to learn more.