Mediation Attorneys in San Jose, California
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Why Choose Mediation?

Discuss Your Options with Our San Jose Mediation Attorney

Divorce mediation offers a number of benefits to couples who wish to avoid the time, stress, and cost of traditional divorce court proceedings.

The goals of mediation are:

  • To reach a mutually acceptable agreement
  • To be part of forming that agreement so that your concerns are addressed
  • To help your children cope with and adjust to the major changes brought about by the separation
  • To reach a point where there is some level of mutual respect, which allows you and your spouse to maintain a civil relationship in the future
  • To avoid spending a third (or more) of the marital assets on a divorce
  • To avoid spending years at the courthouse

Comparing Mediation to Litigation

The process of mediation differs greatly from that of litigation. In most cases, mediation is a much faster and less costly process than litigation.

The mediation process:

  • Assess the suitability of marital partners to mediation
  • Locate a compatible mediator
  • Attend meetings to discuss issues and assets
  • Draft Proposed Agreement, which partners take to respective consulting attorneys
  • Attend meetings to finalize and sign the Marital Settlement Agreement
  • Prepare divorce pleadings and submit documents to Court

The number of meetings required for mediation will depend upon:

  • The number and size of assets
  • The responsiveness, motivation, and willingness of parties to obtain documents, attend meetings, and compromise
  • The responsiveness of experts (i.e. CPA’s, appraisers, QDRO attorneys, and consultants)

The litigation process:

  • File Dissolution Petition, causing Automatic Temporary Restraining Orders (ATRO’s) to go into effect for Petitioner
  • Serve Petition, causing the clock to start on the six months required before divorce could be final; ATRO’s effective for Respondent
  • File and serve Response
  • Attend Case Management Conferences
  • Prepare and serve Preliminary Declaration of Disclosures
  • Prepare Pre-trial Motions and attend hearings
  • Conduct Discovery
    • Interrogatories (written questions)
    • Depositions of parties and/or witnesses
    • Document demands
    • Requests for admissions
    • Subpoenas to third parties, banks, employers, businesses, credit cards companies, etc.
    • Determine custody and visitation
    • Attend Emergency Custody Screening
    • Mediation for custody or visitation at Family
  • Court Services
    • Evaluations and assessments
    • Judicial Custody Conference
    • Prepare Final Declaration of Disclosure
    • Attend Settlement Conference
    • Prepare for Trial
    • Trial
    • Judgment
    • Post-Trial Motions
    • Appeals (if any)

The San Jose mediation attorney at Attorney Mediated Divorces can help you determine if divorce mediation is the right solution for you and your spouse. A seasoned family law attorney and mediator, she can answer your questions, address your concerns, and provide you with sound legal counsel regarding your particular situation.

Contact our office today at (669) 236-2032 to schedule a consultation with Attorney Valerie S. Tarvin.

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