Mediation: An Effective Alternative to Litigating Family Law Disputes

Date: May 1993

If you wish an alternative to litigating family law disputes you should consider mediation.  In mediation, the parties meet with a neutral, trained mediator and together attempt to resolve the issues facing them. The mediator does not represent either person, but assists both in fashioning an agreement.

Not every dispute is suitable to resolution through mediation. For a variety of reasons some must be litigated. But, where mediation is appropriate, the advantages are many. First, mediation is usually less expensive than litigation. Second, issues are often resolved more quickly in mediation. Third, mediation allows the parties to craft their own agreement, taking into account unique needs and situations. Fourth, the process allows the parties to deal with personal issues and feelings that often can not be expressed within the confines of litigation, but just as often profoundly affect the dispute. Finally, mediation is effective. Studies show that over 85% of family law disputes that are mediated result  in settlement.

Initially, the mediator meets with the parties to explain mediation and help determine the issues that need to be resolved. The parties and the mediator then decide on the order in which issues will be discussed and identify the needs and concerns regarding each issue. The entire process is confidential - nothing said in mediation may be repeated without the consent of both parties, and the mediator may not testify in any future proceeding involving the dispute.

Mediation is appropriate for all areas of family law: divorce; modifications of judgments; support, custody and visitation issues; and pre-marital and cohabitation agreements. Mediation can be helpful in all stages of any dispute. For example, at the commencement of a divorce proceeding the parties are justifiably concerned with the impact of separating: Who will remain in the home? Who will pay the bills? What will the custody and visitation arrangement be? The mediator works with the couple to resolve these and other issues.

Mediation may be the appropriate dispute resolution process for you or someone you know. If you have questions or wish further information about mediation or any other  aspect of family law, please contact Ovvie Miller at (310) 858-7700.

Our Family Law Department represents clients in marital dissolutions involving issues of property division, support, child custody and visitation. We also regularly provide legal services in paternity cases, domestic violence, premarital and living-together arrangements, adoptions and other aspects of domestic relations. An increasing element of our practice is mediation of family law disputes. Clients are counseled on a broad range of matters, including community property, tax and business law. We deal regularly with issues of valuation of pensions, stock options, and goodwill arising from business or professional activities, including matters in the entertainment industry.

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