Mediation - Johnson & Nixon Law Office

JOHNSON AND NIXON LAW OFFICE
now
SALLY COOPERRIDER (formerly NIXON)
142 George St.
San Jose, CA 95110
(408)287-7717
SALLY.COOPERRIDER@SBCGLOBAL.NET
WWW.COOPERRIDERLAW.COM

                     MEDIATION

A mediator helps the parties to come to a mutually
satisfactory agreement about their divorce or other
legal matter.   In a mediated family law case, the
parties agree to disclose all their financial
information, and to try to listen to the other party, as
well as to advocate for their own needs.

A mediator is neutral, and doesn't represent either
party. Mediation is also confidential. What is said
in mediation can't be used later in court if the
parties have a dispute. The mediator is trained to
help the parties come to an agreement that works
for both of them, and to help the parties create a
positive working relationship. The parties
sometimes hire separate attorneys to review any
agreements that they make in mediation.

If you choose mediation for your family case, the
attorney will use her skills to help you and your
spouse or partner come to a mutually satisfying
agreement. The attorney won’t represent either of
you individually. You will be asked to come to the
mediation process with a spirit of cooperation and
full disclosure of all financial matters, while also
advocating for your own needs and wants. The
mediation process is confidential, so that anything
said in the mediation can't be used against you
later in court.

In the mediation process you will gather and share
documents and information, and employ
professionals such as an appraiser or accountant if
needed, to help you equally divide your assets.
You will determine a fair amount of child and/or
spousal support and set up a custody and
visitation schedule, if appropriate. After you come
to an agreement, the attorney will put it in written
form, and can prepare the necessary court papers
for you. The parties sometimes also hire separate
attorneys to review any agreements they make in
mediation.

Collaborative Law is a similar approach, but in
Collaborative Law each party has their own
attorney. Click the link for more information.

Mediation is a good approach for two persons that
are each able to assert their own position, as well
as being able to listen to the other party.   The
mediator helps them to resolve their issues
regarding their financial obligations and their
children (if they have children) and to keep the
process as forward looking and positive as is
possible.

The Santa Clara County Superior Court has a list of
qualified mediators. Their website is:
www.sccsuperiorcourt.org/family/ADR

MEDIATION