Divorce Mediation in San Jose: How It Works And Potential Benefits For Couples

Going through a breakup and the legal process of getting a divorce in San Jose is never easy. One of the most challenging aspects is having to battle it out and reveal potentially sensitive information in public court settings.

Fortunately, not every case has to play out in a courtroom. For many divorcing couples in Santa Clara County, mediation provides a less adversarial, more cost-effective way to resolve disputes. Our experienced San Jose mediation lawyer explains the process and the benefits it can offer.

How San Jose Divorce Mediation Works

Divorce mediation involves working with your spouse and a neutral third-party mediator to resolve divorce-related disputes. The mediator doesn’t make decisions for you but helps guide constructive conversations until you reach a mutual agreement.

In Santa Clara County, mediation may be required in child custody disputes through Family Court Services. Here’s how it works:

• You can initiate mediation before or during San Jose divorce proceedings.
• You can choose your own mediator or have one appointed through the court.
• Before mediation sessions, meet with your divorce lawyer to identify your goals and what you might be willing to negotiate.
• You have the option to meet jointly or separately with your mediator.
• The mediator makes recommendations on divorce-related disputes, based on evidence and testimony from both sides.
• Any agreements reached are included as part of your final divorce order.
• As mediators cannot make legal rulings, you are not bound to reach an agreement or to abide by what the mediator suggests.

Even when emotions run high, mediation in a San Jose divorce can work if both parties are committed to being flexible and resolving their issues out of court.

Benefits of Mediation In A San Jose Divorce

While mediation isn’t right for every couple, it offers many advantages over traditional divorce litigation. The potential benefits include:

• Mediation can help avoid drawn-out litigation, saving you money.
• It offers convenience and faster resolution times, as you do not have to wait for or attend scheduled court hearings.
• It offers confidentiality and protects your privacy, rather than having sensitive information included as part of the public record.
• Allows personalized plans and creative solutions tailored to your family’s unique needs.
• Reduced stress for children by minimizing conflict and encouraging cooperation between parents.

Local courts look favorably on mediated agreements, provided they are fair and meet the requirements listed under the California Family Code.

Discuss Your Options With Our Experienced San Jose Mediation Lawyer

If you are considering a divorce in San Jose, mediation could help you get the best possible outcome while saving time, money, and stress. At Argyris Mah, LLP, our San Jose mediator lawyer can guide you through negotiations while protecting your legal rights and ensuring any final agreement is fair and enforceable. Call or contact our legal team online and request a consultation to discuss your options.

Sources:

santaclara.courts.ca.gov/divisions/family-division/family-court-services-fcs

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=7.&title=&part=2.&chapter=&article=