What is Mediation?

Mediation is an emotionally and financially cost effective way to resolve all issues in a divorce. It is a process where the parties work together to create solutions with the help of a neutral third party, the mediator.

The parties can work outside the box to create a settlement that meets their needs instead of a court making an order that may not be to either parties benefit.

It can take one or more sessions, but the sessions are scheduled as close or far apart as the parties want. The parties are in charge of the process.

The fees are paid for one attorney, not two.

Sessions are confidential so the tough issues can be discussed without fear that what was said in a meeting will be used in court later

There are no constraints on what can be presented in mediation. Everyone has the opportunity to speak and be heard.

If the process does not work, the option to go to court and ask the judge to decide the issue is still available.

The Process to Obtain a Child Custody and Visitation Order in Fresno County

You will attend at least two court hearings before you have an order.

From the time you file until the first hearing, called a Readiness Hearing, will be approximately 2 months. At the Readiness Hearing you will be given dates to attend orientation to mediation, mediation and a return to court date.

The time from the first hearing until the second hearing will be approximately 45 to 60 days, depending on the courts calendar.

• At mediation, children are no longer interviewed.
• Mediation is confidential. That means nothing that happens during the mediation session can be brought up at court.
• At the second hearing, all the judge will know is whether you agreed, disagreed or have a partial agreement. If any agreements are reached those will be typed up and made available prior to or at the hearing.

At the second hearing the judge has the option of:

• Making an order that day.
• Determining additional information is necessary and sending the matter to Tier II mediation and setting a return to court date.
• Setting the matter for a contesting hearing/trial where evidence is presented by the parties before the judge makes a decision.

In this process, the judge decides who your children will live with and when.

Steps to Hiring the Right Divorce Attorney

There are things you should look for when hiring a divorce attorney:

1. 
   You must feel comfortable.  If you’re not comfortable in the interview phase, when the going gets really tough there will be friction.
   
   
2. Make sure the attorney tells you the Good and the Bad and doesn’t promise you a pot of gold at the end of at the rainbow. This isn’t going to happen.  Everything is split 50/50; that’s just what it is.  You have to hear the good parts of your case and the bad parts of your case from your attorney.
   
   
3. The attorney must be reasonable. If they want to “go after” the other party and get them for all they’ve got, you can end up in court for a long time with the attorney’s fees skyrocketing.  This attitude takes you to court to battle.
   
   
4. Most of all, you want to have somebody level-headed who’s really going to give you a realistic view because it’s never all one way or the other.  It’s just not going to work that way.  That is the main thing is that they be forthright with you.  

When you hire the right attorney, it makes the process go much more smoothly with less stress and less tension on all parties.