Mediation in the Divorce Process
“Boy, they really could use an attorney,” the woman at the cocktail party recently told one of us, “but they insist on doing it themselves. It’s just a mess!”
It isn’t difficult to understand why, in the face an unknown and confusing divorce process, they would choose not to see an attorney. Attorneys are simply perceived as too expensive—and potentially poisonous—to an already traumatic and sad situation. To the woman at the cocktail party, we suggested mediation.
Using an attorney as a mediating problem-solver instead of a problem-maker can ease the process for a divorcing couple, cutting stress and costs. Couples must remember that divorce is a legal process—one they must go through in order to end their marriage or their registered domestic partnership. The divorce process was not designed to be easy on the parties; it was designed to be navigated by attorneys. Dissolution of a marriage or registered domestic partnership is litigation and, all too often, it is simply too inefficient, too expensive and too taxing on one’s soul. In these cases, mediation is a good option.
A successful mediation will avoid a drawn-out fight and ensure neither party sees the inside of a courtroom. A qualified mediator can help parties comprehend the process, ensuring that both remain an integral part of process and that neither party is sidelined. He or she can keep the process directed toward resolution, thus ensuring efficiency and keeping down costs. In turn, parties gain greater control over the process, less constrained by procedure and what a court might decide.
The mediation process is confidential and, with little exception under California law, what is said and done in a mediation cannot be used in court against either client.
The result of a successful divorce mediation will be an agreement between the parties as to how the divorce will be resolved; for instance, how the property will be divided or how custody of the children will be arranged. Mediation is a significantly more efficient option than bringing litigation. This means a significant cost savings, and a significant reduction in stress.
Erik W. Newton Mr. Newton brings a wealth of diverse experience to the practice of law, having worked in a range of industries including sales, network marketing, telecommunications, corporate litigation and government. 
Terrance C. Heath A graduate of UC Berkeley and Boston College Law School, Terrance Heath established his private practice in 2002. 
Robert S. Kamin Robert grew up in Palo Alto, California. After receiving a Bachelor of Arts in history with honors from UC Berkeley, he accepted a graduate fellowship at the American University in Cairo, Egypt. 
Richard J. Nelson Richard is a California native who earned a history degree (summa cum laude) from San Francisco State University, a law degree from Hastings College, and a Masters of Law in Taxation from Golden Gate University. 
Alison Grcevich. Ms. Grcevich holds a J.D. from Golden Gate University School of Law and a B.A. in Communication from the University of California, Santa Barbara.