Roseville Divorce Mediation Attorney
Your Roseville Divorce Mediation Lawyer
If the idea of arguing in court causes you to feel great stress, then it may be time to look to an alternative dispute resolution option. ADR allows you to find ways to work with your spouse to resolve the details of your divorce instead of going in front of a judge and letting him or her make decisions for you.
One popular option is divorce mediation. In mediation, you and your spouse discuss all the details of separating your lives with the oversight of a mediator.
If you choose to go this route, understand that you will still need a Roseville, CA, attorney by your side to assist with any legal aspects of the process. At McCunn Law, you will find a lawyer with experience in mediation and family law who can serve as your advocate and assistant throughout the process.
A Roseville Divorce Mediation Lawyer You Can Trust Call (916) 773-6100
Mediation Basics
Divorce mediation involves you, your spouse and a mediator. The mediator is a neutral third-party who represents nobody and passes no judgment. He or she simply is there to guide the process and assist with communication between you and your spouse.
The mediator will not make judgments and will not take sides. He or she will help you to have meaningful discussions, and if things disintegrate to a point where you are not being constructive, then the mediator will end the session.
Mediation helps to keep the law from dictating what decisions you make. Instead of having to closely follow California law, you can make decisions that work for your family and situation. You are not bound by the same duties as a judge who would make these decisions in court.
Mediation gives you a confidential place to work through the details of separating your lives. You will handle property division and create a parenting plan. You will also discuss child and spousal support, making decisions on payments. You can handle everything you need to create a settlement that the court will approve to finalize your divorce.
It works best when you and your spouse have a willingness to work together. You both must commit to being honest and open-minded. You have to listen to each other and consider the other’s feelings. You must be open to compromise.
When done properly, mediation can speed up the divorce process. It can remove a lot of stress from the situation, and it can reduce your expenses. Overall, mediation is easier on everyone because you facilitate an atmosphere of cooperation instead of one where you are at odds.
What Makes a Good Mediator
You will have to choose your mediator in Roseville, CA. You may seek the advice of your lawyer who will likely know divorce mediators in the area, but the final decision is between you and your spouse. This decision is the first of many, so it helps if you know what makes a good mediator.
Mediators need to have education, background, knowledge and skills in divorce resolution. They must be a neutral party that neither you nor your spouse has any ties to. The mediator should also have some important attributes:
- Ability to stay neutral and see both sides
- Skills to help you work through tough issues
- Knowledge of when discussions are not productive
- Ability to draw out underlying issues
- Skills in relating to both parties in a divorce
Your mediator cannot order you to make decisions. He or she also cannot give you legal advice, which makes it important to secure your own Roseville attorney.
The Role of Your Attorney
During the divorce mediation process, you and your spouse must communicate, so you cannot use your attorney as a mouthpiece, but he or she does play an important role.
Your attorney can act as your advisor and provide you with legal advice or explain laws pertinent to your case. Your lawyer is able to provide guidance if you reach an impasse in your negotiations. In addition, your attorney is someone in the process who represents your interests and can help ensure fairness in the situation.
If your spouse has an attorney, then you need to have one, too. You should not go into the process without having someone by your side to assist with the legal aspects of the divorce if your spouse has a lawyer; it gives him or her an unfair advantage.
What To Expect From Mediation
Unlike going to court for a divorce, mediation puts you in the driver’s seat. You have control over every decision, and while you still have to work with your spouse to reach conclusions, you will not have to take orders from a judge or allow someone else to make decisions for you.
You will likely need multiple sessions of a couple of hours in length to complete your divorce agreement. The mediator will create a plan based on what he or she feels is needed to resolve all the points of your divorce settlement.
The mediator will probably start by talking to each of you individually. Make sure you are ready to explain what you want. You will talk about areas you and your spouse agree and disagree to give the mediator an idea of what may need more work and what agreements you have already reached.
Once you begin working together, you will negotiate and discuss points until you reach an compromise. Then, the mediator will draw up a settlement to present to the court for finalization. Your attorney should look over this paperwork before you sign it to ensure it is legally sound.
Is Mediation Right for My Divorce?
Mediation is a good option if you know you and your spouse can work together. If you have a very difficult relationship, especially if there is a history of abuse or violence, then mediation may not be the best choice.
For most people, though, it is the best way to end a marriage because it encourages you to cooperate and come together for one goal. Let McCunn Law help you learn more about mediation and determine if it fits for your divorce. Contact a lawyer today on our website or call (916) 773-6100.
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:
- Adoption
- Business Owner Divorce
- Child Custody
- Child Support
- Child Support Modification
- Cohabitation Agreement
- Debt Resolution
- Divorce
- Domestic Partnership
- Domestic Violence Restraining Order
- Family Business
- Family Residence
- High Asset Divorce
- Inheritance Dispute
- Legal Separation
- Paternity
- Premarital Agreement
- Property Division
- Retirement Benefit Division
- Spousal Support
- Visitation Agreements
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.”
“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.”
“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.”