Folsom Divorce Mediation Lawyer

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Your Folsom Divorce Mediation Attorney

You may assume that in order to get a divorce, your only option is to go in front of the court and have a judge make the decisions. That is far from the only method, and for many couples, it isn’t even the best option.

Alternative dispute resolution includes different approaches to divorce that do not involve going to court. Divorce mediation is one type of ADR that works in many situations.

While mediation can help you avoid litigation in your divorce, you still can use the guidance of an attorney, such as the experienced and knowledgeable lawyers at McCunn Law.

A Folsom Divorce Mediation Lawyer You Can Trust Call (916) 827-3427

Mediation Vs. Court

To make your decision easier, it will help to compare mediation to litigation. You can then easily see how both can help you finalize your divorce but how they take different paths to get to that conclusion.

Mediation involves a neutral third party who facilitates discussions between you and your spouse. Mediation lets you control the conversation, and the mediator is just there to help keep communication open and on track. The goal is working together to reach a mutually acceptable agreement where you separate your lives.

You have the chance to have meaningful discussions. You can get to the heart of issues, and uncover your true desires, which will lead to easier decision-making that proves beneficial to both of you.

In mediation, your attorney acts as an advisor. He or she can give you legal advice and make suggestions. He or she will not take over negotiations.  Your lawyer may speak with your spouse’s attorney if you ask for that, but typically, your attorney is only there is assist when you need it.

In contrast, when you go to court in Folsom, CA, the judge is fully in charge. If the judge wishes to make a decision or ruling, he or she has every right to do so without consideration of what you want. In addition, the court setting is one side versus the other. It is less about working together and more about battling it out. One side emerges victorious from a courtroom because that is the general goal when people go to court.

While divorce law aims to provide fairness, the courtroom atmosphere still allows for one party to feel as if he or she is the winner, and the other party is the loser. This is not ideal for a divorce where you need to work together, and the law should ensure equality and what is best for everyone involved.

In the courtroom, your attorney takes the lead as your representative. He or she will generally handle all communications between you and your spouse, speaking through his or her lawyer. Your attorney will manage everything from negotiations to dealing with the court.

Both situations end with the court finalizing your divorce, but the path to get there is vastly different. Mediation can bring some sense of control and peace to the situation, whereas going to court often causes emotions to boil over because it takes away control and doesn’t encourage working together.

How Mediation Works

By choosing to go through divorce mediation, you choose a path that allows you to guide your divorce. As long as you and your spouse are both willing to have open discussions and work together, this process can result in a conclusion to your marriage where you both walk away satisfied.

Mediation occurs in sessions where you, your spouse and the mediator come together to hold discussions about important points, such as child custody, property division, alimony and spousal support. You will need multiple sessions, but how many you need and how long the process will take is dependent on how well you and your spouse can agree.

Before starting the process, the mediator will probably talk with you and your spouse separately. This initial meeting is to allow the mediator to discover what topics you need to hash out. It gives him or her an idea as well of the level of conflict between the two of you. The mediator will use this information to develop a plan of action for the rest of the process.

Once you meet in a session with your spouse, you will discuss the topic at hand. Ideally, you will resolve each issue within a session, but you may need to have multiple visits to discuss one topic. For example, if you have children, you will have to develop a parenting plan, which is complicated and may take a couple of sessions to complete.

As you work with your spouse in the sessions, it is essential that you listen to him or her and really consider what he or she says. You should also expect your spouse to do the same. You want to cooperate and reach final decisions on which you both agree.

In the end, you will hopefully have a final divorce settlement that you can present to the Folsom court for approval.

Addressing Common Concerns About Mediation

You likely still have some questions about mediation, especially if it new to you. It may help to get some additional facts and advice about the process.

To begin with, your mediator cannot give you legal advice. He or she must be entirely neutral and cannot take sides. For this reason, having your own Folsom attorney is a good idea. You will need someone to answer legal questions and assist you with situations that may require applying CA law.

In addition, your attorney is someone working on your side. While the mediator’s job is to ensure equality in the process and allowing you both to speak, sometimes a dominant spouse can overtake discussions. If this happens, your lawyer can speak up and express concerns that you are not able to have a voice in the proceedings.

You can make the process go more smoothly if you enter it knowing what you want. You should be ready to fully explain what your needs are and why they should be met. Be prepared to answer questions and provide evidence, if needed, to strengthen your arguments.

Many people worry that their case is too complicated for mediation, but that is probably not an issue. Mediation can work in almost any situation. Mediators can pull in experts to assist, such as forensic accountants or family counselors.

Get Started

If you think mediation may work in your divorce and you want to learn more about the process in Folsom, CA, then please contact us as McCunn Law. You can speak with a family law attorney who can answer your questions and help you start the process. Please see our office address or give us a call at (916) 827-3427.

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.