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Faq

What is Mediation?
 

Mediation is a process in which an impartial trained person, called a mediator, facilitates and encourages the resolution of a dispute between two or more parties. It is an informal, non adversarial process, with the objective of helping the parties reach a mutually acceptable and voluntary agreement. 90% of parties who voluntarily choose mediation are able to come to an agreement.

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How Does the Process Work?

 

The mediator and the parties identify the issues that need to be discussed and an agenda for addressing them, and identify the information that needs to be gathered and determine who will gather what information. Further discussions address specific issues to be resolved with a focus on the needs, interests and goals of each in order to reach an agreement that works for all parties involved. When a satisfactory agreement has been reached, a written agreement is prepared that reflects the agreements and understandings of the parties.

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What is Divorce Mediation?
 

Divorce and and custody mediation are peaceful ways to resolve your divorce or custody dispute which let you keep full control of the outcome. Unlike in court where the Judge makes the final decision, with divorce mediation the only people making decisions are those involved in the dispute.

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What is Civil Mediation?
 

Civil mediation is essentially the same as divorce mediation - the difference is the issues.
Some civil mediation disputes involve:

  • Business disagreements
  • Employer-Employee disputes
  • Landlord-Tenant disputes
  • Construction contract disputes
  • Neighbor v. Neighbor disputes
  • Personal injury disputes

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What are Some Advantages of Mediation?


Mediation helps promote cooperation and self determination. These are results that will continue to reap benefits well past the period of controversy. The process helps eliminate the win lose atmosphere that is part of most disputes. Other advantages of mediation over litigation include:

  • Mediation is voluntary, private and confidential
  • Mediation is generally faster and less costly
  • Mediation facilitates creative and realistic solutions
  • Mediation allows parties to control their agreements
  • Mediation eliminates a win lose atmosphere and result
  • Mediation provides a forum for addressing future disputes
  • Mediation fosters communication and helps mend relationships

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What Costs/Fees Can I Anticipate from a Divorce Mediation?

 
For middle class W 2 employees with children, total mediation fees are usually in the $2,700 to $3,500 range. This includes three 2-hour sessions, preparation of child support guidelines and a parenting plan, a description of the division of your division of assets and liabilities, and the time to write your Memorandum of Understanding (MOU). The cost of your mediation will depend on the number of hours worked on your case; this in turns will depend on a number of factors including the complexity of your case, the timely production of your documents, the level of conflict, and your willingness to come to an agreement.

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Will I Need to Appear in Court?

 

No court appearances are necessary. This is one of the greatest benefits of mediation.

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How Long Does the Mediation Process Take?

 

It depends on the complexity of the issues to be addressed and resolved and the willingness and ability of the parties to try to understand each other and be flexible in reaching an agreement. Every case is different, but the average case usually takes approximately three or four two hour mediation sessions, over a period of one or two months.

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Is Mediation Less Expensive to Handle a Divorce or Civil Dispute Than Using Lawyers?

 

Absolutely. Take a look at the Compare the Costs page to see how much money you can save with Mediation vs. Litigation.


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Ready to schedule a mediation session?


Just call us for an appointment at (559) 222-4891. You don’t have to bring anything with you to the first session, but it’s helpful if you have a simple list of your assets and debts if you have a divorce case. If you want to be as prepared as possible, check out the worksheets here, but really a simple list of your assets and debts is plenty of information to get you through the first session.

 

If you have a civil dispute, just bring whatever paperwork you have regarding the dispute.

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What is the Role of the Attorney in Mediation?

 

The role of the attorney is to advise their client and also prepare their legal documents. In some cases, clients retain representation during or after the mediation, while in other cases, clients come to mediation after retaining an attorney. In most cases, clients meet with the mediator, but confer with their attorneys between sessions or following the mediation. However, there are cases where the attorneys play a more active role.  Each case is different. You can work with the mediator and your attorney to decide which model of mediation makes sense for your case.

 

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Kerman, Coalinga, Friant, Chowchilla, Los Banos, and Tulare.

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