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Mediation Associatessm Family and Divorce Mediation Page
Divorce: Is there a good way?
- If you have decided to divorce, you still need to decide how to proceed.
Do you want to further poison your relationship, make the children spoils of war, or do you want to make things as right as possible? This page is for those who want to make things right, and minimize the destruction of divorce.
- If you don't find what you need to know here,
Contact Mediation Associatessm by e-mail or call 559-453-3421 for more information. Outside the Fresno, CA metropolitan area call 1-800-909-8677 and ask for Duane Ruth-Heffelbower. Divorce does not have to destroy everything you care about.
- We can't get along, so how can we work it out?
Mediation is not magic. It can be hard work. But mediation allows you to be in control of your own life. You, rather than a judge, decide your future. Mediation can also work toward reconciliation. People who have been fighting for years can successfully mediate their issues. The key to success is the mediator.
Mediators create a safe place where you can each say what is really on your mind. Most couples with marital troubles or business partners in conflict have lost sight of what they really need. The mediator helps each person present their needs in a way which the other can hear.
Your goals can be met. The mediator helps you create an agreement with which each of you can be satisfied.
- Do I need a lawyer?
Lawyers play an important role in mediation. Your lawyer can advise you what to expect if you take your case to court. Your lawyer can also review the agreement you reach through mediation to ensure that everything is covered, and that you fully understood it.
You do not need a lawyer before you can have a successful mediation, but it is often helpful to discuss your case with a lawyer before and after the mediation to avoid misunderstandings and to have an idea of what would be reasonable.
If the other party handled your business or finances, it's a good idea to discuss the case with a lawyer before mediation. Your mediator will expect you to take the final agreement to a lawyer before you sign.
- Is Mediation legal?
Courts encourage people to settle their own cases. With the backlog of cases most courts experience today, having a court decide your case can be slow and frustrating. A mediated agreement is a legally binding contract which can be enforced by a court. If you agree to divorce, for example, the agreement is included as part of the court's order.
- What does mediation cost?
We charge each party to the case $100 per hour since our family mediator is an attorney with 30 years of experience. We accept Visa and Mastercard. Some cases are finished in two or three hours, while others take much longer. Mediation is very inexpensive compared to litigation. Mediated agreements usually do not require much enforcement, compared to the orders a court makes. When people agree to something through mediation they usually follow through.
- How do I get started with mediation?
If both of you are working with attorneys, ask your attorney to suggest mediation to the other attorney. If no attorneys are involved, send a copy of this page to your spouse. We are happy to meet with both of you to describe the process. Sometimes a counselor or clergy person can act as a go-between to suggest mediation. Call Mediation Associatessm for suggestions on how best to approach your situation.
- What is Mediation Associatessm ?
A group of trained, experienced, professional mediators. Some of us are lawyers, some are social workers, some are business people, some are educators. We match your case with the right mediator. Mediation Associatessm is affiliated with Fresno Pacific University, a Christian university located in Fresno, California. Our central offices are located on the FPU campus in the Center for Peacemaking and Conflict Studies. By sharing staff and space with the Center, Mediation Associatessm is able to provide maximum service at minimum cost.
- What types of cases does Mediation Associatessm handle?
Mediation Associatessm has handled most types of civil case, from divorce settlements to racial discrimination in employment cases. Business cases where the parties want to maintain good relationships work very well in mediation.
Mediation is probably right for your case. The first thing we do when you call is help decide whether mediation is the right thing for you. Both sides must cooperate for mediation to work. Don't be too quick to decide that your opponent won't cooperate. Once it is explained, mediation sounds good to most people.
- Does mediation always work?
No, but it works more often than not. If you cannot come to an agreement through mediation, the mediator helps you decide what to do next. As more people learn about mediation, it is more likely to work. We provide seminars on conflict resolution and training for managers as one of our services.
Call Mediation Associatessm 559-453-3421 or send e-mail.
Outside the Fresno, CA metropolitan area call 1-800-909-8677.
- Duane Ruth-Heffelbower,
the mediator who maintains this page, has been a family law attorney in Fresno County, California since 1975, a family mediator since 1985, and is an Advanced Practitioner Member of the Association for Conflict Resolution, the successor organization of the Academy of Family Mediators. He has taught mediation at San Joaquin College of Law and the Center for Peacemaking and Conflict Studies at Fresno Pacific University.
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