El Dorado Hills Divorce Mediation Lawyer

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Your El Dorado Hills Divorce Mediation Lawyer

Divorce mediation is an alternative dispute resolution option. Instead of going straight to court and leaving your case largely in the hands of a judge, you can take control and go through mediation.

There are many details and things to know about this process. Your McCunn Law attorney in El Dorado Hills, CA, can help you to understand the process better and see if it is a fit for your situation. You also can begin to learn about it so you can make an informed decision.

An El Dorado Hills Divorce Mediation Lawyer You Can Trust Call (916) 827-3427

How Is Mediation Different From Litigation?

Mediation gives you a lot of power over your divorce. Instead of having to follow the lead of a judge, you can guide discussions and direct the choices made. You and your spouse work together to resolve issues and cleanly separate your lives.

You and your spouse will choose the mediator you work with, which is much different from a court situation where you never get a choice in judges. You drive the negotiations and the talks about important issues, including spousal support, child custody, property division and child support. In court, the judge makes all the decisions and will often rule on these topics according to the law with only some consideration of your wants and needs.

In the end, with mediation, you have the ability to reach a settlement that is agreeable for both you and your spouse. You may be able to do things in ways a judge couldn’t due to having to follow the law. While the end result is usually a fair settlement in both situations, how you get there is often less stressful through mediation than it is through the courtroom.

What Role Does the Mediator Play?

The mediator is not like a judge at all except that he or she does keep things on task and is neutral. Your mediator acts more as a go-between agent. He or she encourages communications and uses his or her skills to help you through difficult discussions.

Your mediator will provide solutions and may also call in experts to assist with especially difficult situations. For example, if you and your spouse are having a hard time creating a parenting plan, the mediator may invite a family counselor or a social worker into the session to help you.

The mediator cannot provide any legal advice. He or she will never take sides either. The mediator does not represent either you or your spouse, which is why most people will also have an attorney in El Dorado Hills, CA.

What Is My Role During Mediation?

Your main role during mediation is to work with your spouse. You have to be open-minded and be ready to compromise. It is essential that you approach every session with a willingness to communicate clearly and listen attentively.

You also must be honest. You should put aside emotions and be ready to focus on the task at hand. It is also your responsibility to know what you want so you can express your desires in a clear and concise manner while also explaining your position.

How Long Will It Take?

The mediation process involves multiple sessions. In each session, you will tackle the various things you need to figure out as you separate your lives. You will need multiple sessions, but exactly how many you need is dependent on a few things:

  • How much you disagree on points
  • If you have special circumstances
  • How good you are at communicating
  • If anyone is acting stubborn
  • If there are hidden assets that come up

The process usually will be shorter than the time it takes to go through litigation. The average time is two to three sessions that last about two hours each. The entire mediation process often spans a few months, at least.

How Much Will It Cost?

Cost is very dependent on how long it takes to get through the process. How many sessions you have and whether you take your lawyer into every session will also affect the overall cost. In most cases, it is quite a bit cheaper than going to court.

What Are the Benefits?

Mediation offers quite a few benefits beyond taking less time and costing less than litigation. It also helps your family as a whole because it lowers emotions and encourages you and your spouse to cooperate.

It can lessen tensions that often lead to children feeling the effects of the divorce. You and your spouse can begin to learn how to work together as a team outside of your marriage, which is beneficial for your children. You may find the process enables you to let go of whatever bad feelings the marriage left you with and allow you to move forward as two parents who both want what is best for your children.

Even if you don’t have kids, mediation is still beneficial to your mental health. It allows you to approach the divorce in a calculated and open manner. Instead of arguing and fighting over details, you come together and have productive conversations that lead to compromises and agreements. It can help you to move on and accept the reality of divorce is a less jarring way than going to court and having the judge split you apart.

Do I Need an Attorney?

You do not have to have an attorney to go through mediation, but it is in your best interest to have one, especially if your spouse does. Your lawyer is going to be the person who advocates for you. He or she is the only one who can give you legal advice and support.

Your lawyer will be able to handle tasks that the mediator cannot, and that could very well affect the outcome of your divorce, such as:

  • Provide you with legal information
  • Answer questions about the law
  • Give you advice
  • Oversee settlement papers
  • Offer support
  • Help you get prepared for mediation
  • Inform you about the process

When choosing an attorney in El Dorado Hills, CA, make sure you choose one trained in divorce mediation, such as the attorneys at McCunn Law. To learn more and to seek out information on how a lawyer can help you with your El Dorado Hills, CA, divorce, please call McCunn Law at (916) 827-3427 or contact us on our website.

Why Choose McCunn Law

Our methods for handling business owner divorce and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.