Family Law Mediation

When possible, we love to see cases handled through mediation. It ends up being less expensive for you and usually leads to a fair and balanced outcome. Mediation prevents lengthy and expensive attorney fees. We also appreciate that mediation is confidential, so the specifics of your agreement do not become public record.

What is Mediation?

Mediation is a voluntary, confidential, and adaptable process designed to assist individuals or groups in resolving disputes. Guided by a neutral third party (mediator), the process encourages open communication, mutual understanding, and collaborative problem-solving. Unlike a judge or arbitrator, a mediator does not impose a decision; instead, they support the parties in reaching a respectful, mutually agreeable resolution that addresses everyone’s needs.

What Can be Mediated in Family Law?

Child Custody and Visitation: Crafting parenting plans, establishing residential schedules, and assigning parental responsibilities in a way that honors the best interests of the children.
Financial Support: Determining appropriate child support and spousal maintenance (alimony) based on each family's unique circumstances.
Property Division: Fairly allocating real estate, vehicles, bank accounts, investments, and personal belongings to ensure an equitable outcome for both parties.
Debt Distribution and Allocation: Deciding how marital debts will be managed moving forward.
Future Arrangements: Addressing special considerations, such as co-parenting strategies, payment for smaller items from summer camps to sports fees, and the division of items with sentimental value.

Mediation is highly flexible and can be adapted to meet the specific needs and concerns of each couple. The solutions developed in mediation are formalized into a final, legally binding settlement agreement, providing clarity and closure while preserving dignity and respect for all involved.

Questions for mediators

Choosing the right mediator is a vital step toward a smoother and more constructive divorce process. As you interview potential mediators, consider asking the following essential questions:

What is your style of mediation (facilitative, evaluative, or transformative)?
How do you conduct sessions with both parties together or separately? Are remote sessions (phone, Zoom, Google Meet) available?
What is your availability, and how soon can we begin?
Will you assist with all paperwork and filings, or will we need to handle these ourselves?
What are your fees, and do you require a retainer or offer a flat rate? What is your hourly rate?
What mediation training or certification have you completed?

Barriers to Successful Mediation

Challenge: Both parties must commit to cooperation

Mediation works only with compromise. Neither party gets everything, but both can prioritize their most important needs. If either person refuses to compromise, mediation is unlikely to succeed.

Challenge: Mediation costs and uncertain outcome

Mediation through divorce is less expensive than litigation, but not free. Mediators charge hourly fees, and you may still need a lawyer if mediation fails. You can split the mediator’s fee, making it cheaper than court. However, costs are unpredictable, so always ask about hourly rates upfront.

How to Avoid These Challenges

To avoid these challenges, understand mediation beforehand and follow these tips:

Agree to compromise before starting mediation. Both must be willing to give and take.
Know that mediation costs are unpredictable and depend on the time needed to reach a resolution.
Although mediation is usually cheaper than hiring attorneys, it’s still a significant expense. Make sure you both want to proceed.

Why Choose mediation for divorce

Mediation for divorce provides a faster, more affordable, and less confrontational path than going to court. Mediation empowers both parties to make their own decisions about property, finances, and child custody. Reducing conflict and emotional strain helps lay the groundwork for respectful communication and effective co-parenting moving forward.

Mediation is not just about resolving current issues—it’s about planning for a positive future after divorce. By working together to create thorough and thoughtful agreements, you can reduce the likelihood of future conflicts. Mediation helps families establish clear parenting plans and practical schedules, supporting stability and healthy relationships for everyone involved.

Contact a Mediation Lawyer Today

If you’re facing a divorce or child custody matter, reach out for a confidential consultation. We will listen to your concerns, answer your questions, and advocate for the best interests of your child every step of the way.

Call (833) 931-1615 or complete our online form to schedule your appointment with a dedicated mediation attorney today.

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Choose Our Mediaition Attorneys

With deep roots in the community and extensive mediation experience, our attorneys are committed to guiding our clients with authority and compassion. At Burgos Santoyo Smith, you get the experience of seasoned litigators with small firm attention. We recognize that divorce and custody by mediation go beyond legal results. This shapes the future and well-being of your family.