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Mediation: Frequently Asked Questions


There are many different reasons why you may wish to consider mediation as a way of handling or resolving your family court dispute.

Family mediators can assist with separation, parenting schedules, divorce, alimony, and property division issues.

How Does Mediation Work?

One of the most commonly asked questions about family law mediation is how the process works. Mediation occurs in a confidential setting that allows each party to communicate their requests. This can assist with identifying the issues that need to be resolved, clarifying each issue one at a time, walking through potential solutions and putting together a draft of an agreement between the two parties.

Do We Have to Sit in the Same Room During Mediation?

Perhaps one of the best parts about mediation is that it’s flexible. This means that you’re able to design a process that facilitates maximum cooperation between the parties. In some situations, this might happen at the same table. In other situations, it will be more appropriate for mediation to happen in separate rooms while the mediator goes back and forth suggesting possible solutions.

Does It Make Sense to Explore Mediation If My Partner Is Firm in His or Her Resolve?

Mediation may still be an important method to consider to resolve one or more of the issues associated with your divorce or other family law concern. Mediators are experienced in this field and have frequently found ways for parties to move forward even if you may have been at an impasse outside of the court situation. Face to face meetings can be extremely effective as well as efficient for this method.

There are certain situations in which mediation may not be appropriate for a family law dispute and you can consult with your family lawyer about this situation. For example, a history of drug abuse or violence may make it challenging for both parties to meet at the same table and work together.

Do I Still Need an Attorney in Mediation?

It is strongly recommended that you receive advice from your attorney before or during mediation. Furthermore, you should always have your attorney review any proposed agreement developed in mediation prior to you signing it.

If I’m Not Sure That Mediation Would Work; Should I Give It a Try Anyways?

Even if you are not sure that mediation will be successful in resolving all of the complex issues associated with your divorce, this does not mean you should give up all hope. Mediation may allow you to resolve one or more issues that can minimize the amount of time you spend in court as well as the emotions and costs associated with handling all of the issues through the official court proceedings.

You may be surprised to realize that mediators are often very effective at allowing parties to find ways to work together and compromise. Recognizing that the stakes are very high entering litigation, parties may be prompted to work together and develop a more meaningful and flexible arrangement for them.

The Law Office Of Rebecca Medina serves Fresno, Clovis, and Madera California, along with surrounding cities in the area. Contact us today for your family law needs including divorce, child custody, child support, mediation, spousal support, and judgment modifications.

Rebecca MedinaAbout the Author: Rebecca Medina

Rebecca Medina is an experienced Family Law attorney, mediator and Collaborative Divorce Lawyer serving the Fresno and San Diego areas. She handles cases ranging from complex divorce matters to child custody, spousal support, prenuptial/postnuptial agreements, QDROs and uncontested divorce cases. She was rated “Clients’ Choice” by Avvo.

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