San Francisco Mediation Lawyer
Most people believe that the only way to resolve your family dispute is to go to court, litigate the issues, and have the judge decide. However, in California it is the public policy to inform and encourage people to seek alternative dispute resolutions (ADR) in their family disputes. There are several forms of ADR processes that our firm provides.
Contact our San Francisco mediation lawyer by calling (415) 855-9344 today!
Why choose MEDIATION?
Mediation is one ADR process to resolve your family dispute. In mediation, the parties work with an impartial third party, the mediator. The mediator does not represent either party but is rather someone who can educate both parties and be a neutral partner in helping the parties come up with creative solutions that work for their family.
Through mediation, the parties will meet with the mediator to help them negotiate a settlement. This allows the parties the opportunity to choose their own outcome together that is based on their own values and notions of fairness. In mediation, parties can maintain control over a joint outcome and create solutions and successful plans that works for their family.
Given the emotional and financial issues that arise when a family is separating, other professionals, such a neutral financial advisor or mental health professional may be brought in to work along with the mediator and the parties. This is also known as co-mediation or integrative mediation
Parties can begin and finish their dispute process in mediation. This often saves time and financial resources for the parties in resolving their dispute.
Though not required, it is recommended that participants in mediation have a consultation with an attorney before signing any binding agreements.
What is COLLABORATIVE DIVORCe?
The collaborative process is a voluntary dispute resolution process designed to reach a mutually agreeable settlement without court and without a traditional litigation process. In the collaborative process, the parties sign an agreement to not litigate while engaging in this process. Each party retains an attorney who is certified in the collaborative process, which also includes a 40-hour mediation training. Once the parties have retained their respective attorneys and have signed the agreement to engage in this process, then together they work to build a team of other professionals, which can include one coach or two for each party, a financial professional, and a child specialist if there are children.
In the collaborative process, the client retains complete control over the settlement terms. The role of the professional team is to support the client in finding solutions that are realistic, well-informed and tailored to your family’s needs.
SETTLEMENT NEGOTIATIONS
Parties can construct their own settlement agreements outside the court process without mediation or a formal collaborative process. We represent you in this process and can provide guidance and advice to a party who chooses to do this on their own.
What Happens If You Can't Reach An Agreement In Mediation
If mediation does not result in an agreement, the unresolved issues will typically proceed to court, where a judge will make the final decisions. It’s important to understand that while mediation aims to foster cooperation and mutual understanding, it is not always successful. When an agreement cannot be reached, the court will step in to resolve the matters at hand, whether they involve child custody, support, or property division.
During mediation, discussions are confidential, and any offers or concessions made cannot be used as evidence in court. This confidentiality allows parties to negotiate freely without fear of their words being held against them later. However, when mediation fails, both parties must prepare to present their case before a judge.
At this stage, having strong legal representation becomes crucial. A skilled San Francisco mediation attorney can help you build a compelling case, ensuring that your rights and interests are protected as the court reviews the evidence and arguments. While court proceedings can be more adversarial and time-consuming than mediation, they provide a structured environment where a judge will issue a binding resolution based on the law and the facts presented.
Call our Mediation Attorneys in San Francisco today!
At Nachlis | Cohade | Lopez-Whitaker, LLP, our expert mediation lawyers in San Francisco are dedicated to helping you navigate through conflict with professionalism and compassion. With years of experience in mediation, we strive to find fair and amicable solutions that protect your interests and preserve relationships. Don’t let legal battles overwhelm you.
Contact Nachlis | Cohade | Lopez-Whitaker, LLP by calling (415) 855-9344 today to schedule a consultation with our San Francisco mediation lawyer and take the first step towards resolving your dispute with confidence and clarity.