The Mediation Process
If you and/or your spouse or another party is interested in mediating your case, contact us at Miller & Associates, Attorneys LLP, and we will help you through the following steps:
- Get in touch with our attorneys: Call our office to set up a phone conference or initial meeting with you and your spouse or another party. Our office telephone number is 916-780-0848
- Setting expectations: Together, either on the phone or in person, at any of our offices in Rocklin Roseville or Folsom, you will meet with an attorney-mediator for a free consultation. During this meeting, our mediator will explain the mediation process and the difference between mediation, collaborative law and litigation, discuss our fees, and answer any questions you might have. During this meeting, if you wish to retain our mediation services, we can move forward and start reaching agreements that day.
- The mediation sessions: After the first mediation session, we will schedule another mediation session about two weeks later. At the second mediation session, we will work on discussing any urgent issues either party needs addressed, work on gathering necessary information and identifying issues. As we discuss issues, we will reach agreements. Part of this information gathering includes addressing forms and disclosures that have to be filed with the court and/or served on the other party such as a petition for divorce, response, petition for paternity, income and expense declaration, schedule of assets and debts, declaration of disclosures, and your judgment and marital settlement agreement.
- Guidelines for success: Before every mediation session, we remind the parties of ground rules when mediating cases, which include but are not limited to: treating one another with respect, focus on the future, no blaming or name calling, if you do not want to agree, you do not have to, and this process is completely voluntary.
- Working with experts: In divorce or support cases involving complex financial issues or business valuations, we will recommend that the parties hire a financial expert. The financial experts that we will recommend are also trained mediators, which is important so that the mediation process is not disrupted. Financial experts are very helpful in divorce cases where one party manages all the finances and the other party is in the dark. The financial expert is a neutral party who will objectively explain the facts to the parties and assist them in reaching agreements on the valuation of any business, the valuation of any real estate, and in determining income available for child support or spousal support.