Divorce Mediation

FAMILY LAW MEDIATION

In family law, mediation is a process where your attorney acts as a neutral professional to help you and your spouse/partner assess all of your disputes and make an agreement that works for both of you.

Because in mediation your attorney Betty Ann Spencer must remain neutral, she may not provide legal advice to either of you. In certain circumstances, clients may want Betty's opinion on how the court would resolve a particular issue. Betty can offer her opinion, but the caviat is that within reason almost any court would resolve a particular issue somewhat differently. Not able to give either of you legal advice, Betty will likely suggest each of you retain the services of a consulting attorney.

While it is not mandatory to have your own attorneys, it is advisable that you each consult a lawyer at least once so you both will have access to independent legal advice.

A collaborative place, where you and your children come first
Contact the Law Offices of Betty Ann Spencer today.

Just as collaborative law is a process, mediation is a process as well. In order to be successful with either, it is essential that participants adhere to the process selected. Anxious divorcing clients rushing headlong toward the finish line might jeopardize the opportunity to have full information concerning the value of their community property and the extent of their community estate. Betty's supportive guidance will help clients avoid what she calls the potentially disastrous "hurry-up-and-finish song."

The general outline of the process is as follows:

1. Educate to assure that both parties adequately understand the process.
2. Gather complete information about the properties and finances of the parties, as well as any information about the needs of the children of the parties.
3. Generate options by exploring all the different ways of settling each issue. For example, either party might receive the family residence as part of the distribution of community property. Alternatively, the family residence could be sold and proceeds divided, or the family residence might be rented and the income shared.
4. Reach a final resolution of all issues.

How long will it take and how much will it cost?

The length of the process depends primarily on two factors:

1. The complexity of the legal issues and
2. The amount of conflict between the parties.

It is important that both parties understand the nature and extent of their property and the various financial issues related to their income and property. Occasionally it is necessary to consult other experts in order to get complete and reliable information.

Examples might include the appraisal of the family residence and/or of the business of either or both parties. Or one or both parties might wish to consult a mortgage broker to see if a buy-out of the family residence might be a feasible option.

It is a basic truth that the amount of conflict and the complexity of issues directly affect the length of the process, which directly affects the costs.

A collaborative place, where you and your children come first.
Contact the Law Offices of Betty Ann Spencer today.

THE CHILDREN

It is important that the needs and interests of the children be primary in any divorce situation. In cases where there is a significant amount of conflict related to custody issues and the parenting plan, it is highly advisable for the parents to consult a therapist who is familiar with divorce issues and experienced in working with people through the divorce process.

This person is very much like the child specialist described in the section on collaborative practice. A group of therapists in Sonoma County have developed a model similar to the collaborative practice model where the parties separately employ their own co-parenting advisors. After at least one preliminary consultation between each party and the designated co-parenting advisor, the two advisors and both divorcing parties will meet together to devise a workable and satisfying co-parenting plan.

This model of engaging separate co-parenting therapists is particularly helpful when conflict level is high. With this plan, both parents, with independent advice and support from individual advocates, are usually able to come to an agreement that meets the needs of parents and children alike.

Will mediation be successful?

As your mediator, attorney Betty Ann Spencer is expected to offer you a safe place in which to resolve all the disputes related to your divorce or separation. If the conflict is so intense that one professional is unable to offer both parties sufficient support, then collaborative practice may be a better way to resolve the conflict.

Traditional litigation

In some cases court intervention is necessary because neither the mediator nor collaborative professionals are able to contain the conflict. Such situations might involve domestic violence, addiction, mental health issues or other especially difficult circumstances.

Again, to reach successful resolution, it is important that both parties are able to participate.

The Law Offices Betty Ann Spencer are located near downtown Santa Rosa and offer alternative dispute resolution techniques for families. Contact Betty today for more information.

Law Offices of Betty Ann Spencer
Divorce Attorney

829 Sonoma Avenue
Santa Rosa, CA 95404-4714
Phone: (707) 570-2424
Fax: (707) 570-1437