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Divorce & custody mediation
Two lawyers litigating a divorce costs more than most families should spend, and the result is usually close to what a sensible agreement would have produced. Mediation is the alternative for couples who can still sit in the same room: one neutral professional, a structured series of sessions, and a complete agreement that becomes your judgment. I mediate divorces and custody disputes as a neutral, bringing a Certified Family Law Specialist's knowledge of what a judge would actually do, so the conversation converges instead of drifting.
Mediation works when both spouses want the marriage to end without a fight, are willing to disclose their finances fully, and can negotiate without one person dominating the other. It does not require that you agree on anything yet. It does require that neither of you is hiding assets, and that there is no history of abuse or intimidation that would make a joint negotiation unfair. If either of those is present, mediation is the wrong tool and I'll say so at the intake call.
Most divorce mediators on the Peninsula are therapists or general-practice lawyers. They are good at keeping a conversation civil, and that matters. What they often cannot do is tell you, with authority, how a San Mateo County or San Francisco judge would decide the question you're stuck on. I have handled more than a thousand divorce and custody matters as an advocate, and I am certified as a specialist by the State Bar of California Board of Legal Specialization. In mediation that experience is what moves people off positions: when both spouses hear the same realistic assessment of equity compensation, a long-marriage support claim, or a move-away request, the argument usually shortens considerably.
It also means the agreement gets drafted right. Retirement division language, the tax treatment of support, reimbursement claims on the house, and the enforcement provisions in a parenting plan are where cheap mediated agreements fail years later. Those are everyday drafting problems in my practice.
As mediator I represent neither of you. I give both spouses the same information, I do not advise either of you on what to accept, and I will not represent either spouse against the other afterward in this or any related matter. Everything said and written in the mediation is protected by California's mediation confidentiality statutes, so if the process does not succeed, nothing from it can be used in court. Both of you sign a mediation agreement confirming these terms before the first session.
Mediation is billed hourly, for session time and for drafting. How the fee is divided between you is your decision. Most couples finish in a fraction of what two litigating lawyers would charge, because the hours go into resolving issues rather than into motions, discovery, and hearings. At the intake call I'll tell you the rate and give you a realistic estimate of total hours for your situation, so you know what you're agreeing to before you start.
A lawyer represents one spouse and advocates for that spouse. A mediator is neutral, works with both spouses together, and helps them reach their own agreement. As mediator I give both of you the same information about how California law treats your situation, but I do not advise either of you on what to accept. Each spouse is free, and encouraged, to have a consulting attorney review the agreement before signing.
No. You need to agree that you both want to resolve the divorce without litigating it. Disagreement about the house, support, or the parenting schedule is normal and is what the sessions are for.
The process is voluntary and either spouse can stop at any time. Once you sign the marital settlement agreement and it is entered as a judgment by the court, it is a binding court order like any other divorce judgment.
Yes. California's mediation confidentiality statutes protect what is said and written in mediation from being used in court if the mediation does not succeed. That protection is what lets people negotiate candidly.
No. Because I serve as a neutral, I cannot represent either spouse against the other afterward, in this or any related matter. That rule protects both of you and is part of what makes the process trustworthy.
Hourly, for session time and for drafting. How you divide the fee between you is up to you. I will tell you the rate and give you a realistic estimate of the total hours at the intake call, before you commit to anything.
If you both want to end the marriage without litigating it, tell me where things stand and I'll tell you whether mediation fits and what it would take.
Request an intake callor call 213.477.3732