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Mediation and Litigation

Tips on How to Choose a Divorce Mediator

Posted on in Mediation

California mediation attorney, California divorce lawyerIf you and your spouse have decided you want a mediator to handle your divorce, the first step you must undertake is selecting a San Jose divorce mediator. This is an important decision because it will set the tone for the entire process.

Determine the mediator’s style.

There are many styles of mediators. While there is no “right style,” there is a right fit between mediator and divorcing couple. Asking the mediator what his or her style is can help you pick a mediator. For example, some mediators guide the discussion by asking questions and making deferential comments, which allows the divorcing clients to reach their own decisions. Other mediators provide firmer guidance with proposals based on how a court would likely resolve the issue.

Look for a mediator who seeks to educate you.

Many people going through mediation have never been divorced or have never gone through a custody dispute. Even if you have, the law and circumstances change. For this reason, it is advisable to find a mediator who will take the time to explain the divorce and custody processes and factors that would go into a judge’s decision. If you are armed with this information, you can be confident in the choices you make during the mediation.

Seek a mediator who has experience in divorces more complex than your own.

You will want a mediator who you can trust and who has handled complicated divorces. Divorces can present a couple areas of complication. First, the custody situation can be complicated, depending on the wishes of the parties. For example, one spouse may wish to relocate to another city or relationships between parent and child may be strained. Second, the divorcing couple’s financial situation may be complicated. For example, the marital assets may include a business or the divorce may be a high asset one. Whatever the situation, you will want to make sure that your mediator has handled a divorce mediation like yours in the past.

Find a mediator on whom both spouses agree.

Both parties must feel comfortable with the mediator. Both parties should feel heard by the mediator and value the mediator’s skill and opinions.

If you have decided on divorce mediation, contact an experienced San Jose divorce mediator, located in Los Gatos. The Ventresca Law Firm offers free initial consultations to help potential clients understand the process and determine if the firm is a good fit. Contact the Ventresca Law Firm today at 408-395-8822.

 

Source:

http://www.scmediation.org/for-the-public/faqs-for-the-public/

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