"Discourage litigation. Point out to your neighbor how the nominal winner is often the real loser - in fees, expense, and waste of time." Abraham Lincoln, 1850

A MEDIATED DIVORCE

Mediation is a process for discussing and resolving disputes without having to go to court, and without waiving any of your rights. The mediation sessions are all confidential. The mediator has no power or authority to impose any decision on any of the participants. The mediation sessions are a safe forum for fully discussing all issues, knowing that no decision will be imposed on anybody against his or her will. Mediation entails a neutral party (the mediator) meeting with the people who have a dispute. This objective and neutral third party helps the disputing parties to identify and obtain the facts and information they need to discuss their dispute. The next step is to identify potential solutions to the dispute. As an experienced attorney, Mr. Martin can brainstorm with the mediation participants to help identify settlement choices and options they might not have thought of. Once the settlement choices are identified, he assists the mediation participants in identifying the single settlement option that they agree best suits them and their situation. The mediation process begins by signing a mediation agreement. Generally, each mediator has his or her own agreement. These agreements supplement the law in California. They guarantee, among other things, that the process will be confidential. This means that nothing said during a mediation session, and no document created exclusively for mediation, will be admissible in court. The guarantee of confidentialiy encourages full disclosure of all facts and information, while preserving the safety that is the hallmark of mediation. If you would like to see a specimen copy of Mr. Martin's mediation agreement, click here.