The Mediation Process - San Jose, California, Divorce Attorney


The Mediation Process

It is important to me that all parties involved feel comfortable with participation in mediation, which begins with an understanding of the mediation process itself.

My name is Tammara Bloom. A trained mediator and collaborative law attorney, I have practiced family law for more than 20 years. Please call my office at 408-412-1430 or contact me, a San Jose, California, divorce lawyer, online to schedule an appointment. I will compassionately and efficiently guide you through the mediation process, helping you and your family to create solutions that best suit your unique circumstances.

How Does Mediation Work?

I prefer to begin the mediation process with an initial session with both parties however sometimes factors such as distance may require a different approach. At the start of the initial session we will discuss the mediation process, expectations and the roles of the parties and mediator throughout the process. In order for mediation to be successful, it is important that each party understands the mediation process, their questions are answered and each party is willing to proceed.

Once both parties agree to move forward with mediation, the next step is working with the parties to identify the issues that need to be resolved. Some parties need assistance negotiating a single issue such as a modification of their parenting plan, or support. Many parties that I assist are considering separation or a divorce and will have many issues that need to be identified and resolved. As issues that need to be resolved are identified, often further information will need to be gathered so that each party can consider all of the relevant information necessary to make a decision. Parties are then ready to begin considering options for settlement and negotiating an agreement.

The amount of time needed to work through identifying issues, gathering any necessary information, identifying the options available and then negotiating an agreement will vary with each case. Some couples need only a couple of sessions and others need a number of sessions to work through their issues and reach agreements.

I will facilitate communication between you and your spouse, guiding you in discussion of issues that can become difficult and emotional — in many cases, this involves getting to the root of each spouse's needs, acknowledging these needs and determining what kind of solution can be reached that will ameliorate concerns and fears. Once the parties have been able to reach agreement, I will prepare the agreements in the appropriate legal document(s) for the parties.

Since a mediator is neutral, I strongly recommend that during the mediation process each spouse should consult with their own attorney who can advise them of their legal rights and assist them with reviewing any legal agreements before they are executed. To reach a fully enforceable, durable agreement, each party needs to fully understand all of the issues and information the parties relied upon when negotiating and reaching their agreements. Utilizing a consulting attorney can assist each spouse in making sure they are informed and fully understand the agreements that they have reached.

In cases where you have already reached an agreement on one or more important issues, I can prepare the necessary legal documents to memorialize your agreements and help you in to identify any further issues that need to be resolved.

Santa Clara Mediation Firm

Do you have questions about the mediation process? Please call the Law Office of Tammara S. Bloom at 408-412-1430 or contact me online to schedule an appointment.