In most cases mediation is a faster process then the adversarial process. Dissolution issues may be resolved in as little as 1-2 sessions and up to 10 or more depending on the complexity of the case. Mediation in California is absolutely confidential. Nothing said during mediation may be introduced into any Court hearing, declaration or trial. Divorce judgements may be drafted in ways which do not reveal personal or private matters. For example the parties could agree that assets and debts not be listed in a Marital Settlement Agreement yet the executory provisions which need an enforcement mechanism be listed therein.
Mediation works best when the parties are transparent regarding all material information and facts concerning any asset or debt. Mediation is an optimal resolution dispute remedy only when there exists a level playing field as between parties. Most mediators will require each party to have a consulting attorney to explain the law and how it applies. Parties may choose to not apply the law in their circumstances or only partially. You may chose to bring your attorneys to mediation, but in either event parties and counsel will be asked to approve the agreement in writing.
Written by: Renee M. Marcelle
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/