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San Jose Family & Divorce Lawyers / San Jose Mediation Lawyer

San Jose Mediation Lawyer

Divorces and breakups are difficult situations for everyone involved. Unfortunately, it becomes even more complicated when there are disputes over certain matters. From child support and custody to spousal maintenance and property division, family law issues can become expensive and time-consuming when litigation in the court system is required. Fortunately, mediation lawyers in San Jose, CA may be able to help you avoid such difficulties.

At Argyris Mah, LLP, we have a team of neutral mediators who can help you save money and time by mediating issues outside of court. Even if you can’t reach an agreement with your former partner on everything, the mediation process can reduce the duration you spend in front of a judge. Resolving family law issues does not have to be adversarial. Contact the San Jose mediation lawyers at Argyris Mah today to learn more.

What Is Mediation?

Mediation is an alternative dispute resolution process that aims to keep parties out of court. It is a common tactic in family law due to the emotional issues that are often involved. During mediation, both individuals will sit with a neutral third party to discuss the issues. The mediator does not make any decisions. Instead, they provide legal advice so that agreements do not violate California law and guide negotiations in a collaborative way.

Mediation aims to make important decisions that both parties can agree on. These can involve property division, child custody and visitation, spousal support, and a variety of other family law matters. It’s possible that some issues can be agreed upon while others cannot. In such cases, letting the courts get involved may still be necessary. However, a significant amount of time will be saved regarding the issues the parties agree upon.

How Does the Mediation Process Work?

If you want to resolve important family law issues without going to court, mediation is a great way to handle almost any dispute. Of course, it’s important for you to understand how this process works. If you and the other party are on the same page and willing to try mediation, here’s how things will usually play out:

  • Initial conversations: The mediator typically sits down with each party individually before the process starts. This helps them understand the basic facts from each party’s view.
  • Agreement signing: A confidentiality agreement ensures information revealed during mediation cannot later be used in court if the mediation process fails.
  • Starting the process: The mediator sets an agenda at the very first meeting. Each party will usually be able to provide an “opening statement” as well.
  • Mediation proceedings: The mediator will ask questions and guide discussions. There must be a willingness to compromise.
  • Agreeing on issues: Once the two parties agree on the issues, the mediator creates a binding agreement to submit to the courts. It must be signed by both individuals.

Having a mediation attorney in San Jose, CA is ideal for various reasons. First, they understand state law and what is required. They can also file all the appropriate paperwork after the parties have reached an agreement. Let our law firm assist you during these difficult times. Contact us today.

When Is Mediation Not a Good Option?

The benefits of using a mediation lawyer in San Jose, CA are many. You can save money, avoid confrontation, speed up these issues, and maintain control rather than give it to a judge. However, mediation cannot be used to resolve issues in every instance. In the following situations, hiring your own Santa Clara County family law attorney may be in your best interest:

  • History of abuse: If domestic violence has occurred, the alleged aggressor may intimidate the other party. Mediation typically cannot work in these circumstances.
  • Bad faith actions: If you don’t believe your spouse is being forthcoming, mediation may not work. For instance, a fair settlement is unlikely if your former partner is hiding assets.
  •  Mental illness: If one party to a family law issue is mentally unwell, it’s best to speak with an attorney. Any agreement signed by these individuals may be invalid.

Even if you think one of these situations is occurring, speaking with a mediation attorney in San Jose, CA is still ideal. They can help you better understand whether hiring a mediator is right in your situation. Contact us today to schedule a free consultation. We’re ready to help.

Contact Our San Jose Mediation Attorneys Today

It’s an unfortunate truth, but many people stay married because they fear the financial implications of divorce. However, it’s not just because of factors such as asset division. Most people understand that divorce can be costly, particularly when the parties involved have significant disputes over certain issues. By involving a dispute resolution professional in the process, it’s possible to forego the worst parts of a divorce.

At Argyris Mah, LLP, we represent clients every day who are going through divorce litigation. However, we much prefer when we can help former partners reach a settlement without dragging things out in court. If it’s at all possible to avoid such headaches, we’ll help mediate as many issues as possible. Contact us today by calling (408) 214-6366 to schedule your free initial consultation with a mediation lawyer in San Jose, CA. We’re here to assist.