Divorce Mediation Attorney
San Bernardino County | CFLS
A Settlement-First Approach to Family Law
Not every divorce needs to go to trial. In fact, the vast majority of family law cases settle before ever reaching a courtroom. The question isn't whether you'll settle—it's how efficiently and effectively you can reach an agreement that protects your interests.
At Lewis Legal Group, we believe in trying to resolve disputes through negotiation and mediation whenever possible. Litigation is a tool we're prepared to use when necessary, but it shouldn't be the first resort.
What Is Divorce Mediation?
Mediation is a structured process where a neutral third party helps divorcing spouses communicate and negotiate. The mediator doesn't make decisions for you—instead, they facilitate discussion, help identify common ground, and guide you toward mutually acceptable solutions.
Benefits of Mediation
- Cost savings: Mediation typically costs far less than litigation
- Faster resolution: Cases can often be resolved in weeks rather than months or years
- Control: You decide the outcome, not a judge
- Privacy: Mediation is confidential; court proceedings are public
- Less adversarial: Preserves relationships, especially important when children are involved
- Flexibility: Craft creative solutions that a court might not order
When Mediation Works—and When It Doesn't
Good Candidates for Mediation
- Both spouses are willing to negotiate in good faith
- There is no significant power imbalance or history of domestic violence
- Both parties are willing to disclose financial information honestly
- The issues, while potentially complex, can be discussed productively
When Litigation May Be Necessary
- One party refuses to participate or negotiate reasonably
- There is a history of domestic violence or abuse
- One party is hiding assets or being dishonest about finances
- Urgent protective orders are needed
- Fundamental disagreements cannot be bridged through negotiation
Custody Mediation in San Bernardino County
In California, custody mediation is mandatory before any contested custody or visitation hearing. San Bernardino County uses a "recommending" mediation model, meaning if parents cannot reach agreement, the mediator will make a custody recommendation to the judge.
Because the mediator's recommendation carries significant weight, proper preparation is essential. A Certified Family Law Specialist can help you:
- Understand what to expect in county mediation
- Prepare your proposed parenting plan
- Anticipate likely concerns and questions
- Present yourself effectively in mediation
- Respond if the mediator's recommendation is unfavorable
Collaborative Divorce
Collaborative divorce is another alternative to litigation. Unlike mediation where a single neutral facilitates discussion, collaborative divorce involves each spouse having their own attorney, all committed to reaching settlement without court intervention.
Key features of collaborative divorce:
- Both parties and attorneys sign a "participation agreement" to negotiate in good faith
- If negotiations fail and either party goes to court, both attorneys must withdraw
- Neutral experts (financial advisors, child specialists) may be jointly retained
- The process emphasizes interest-based negotiation rather than positional bargaining
The requirement that attorneys withdraw if collaboration fails creates a strong incentive for everyone to work toward resolution.
The Role of an Attorney in Mediation
Even if you're mediating, having an attorney can be valuable:
- Before mediation: Understand your rights and options so you negotiate from an informed position
- During mediation: Some mediators allow attorneys to attend sessions; others work only with the parties
- After mediation: Review any proposed agreement before you sign—once an agreement becomes a court order, it's binding
Many clients use our Legal Coaching services for mediation support—getting the benefit of legal guidance without full representation costs.
Frequently Asked Questions About Mediation
What is divorce mediation?
Divorce mediation is a process where a neutral third party helps divorcing spouses reach agreements on issues like property division, custody, and support. Unlike litigation where a judge makes decisions, mediation empowers couples to craft their own solutions. When successful, mediation can be faster, less expensive, and less adversarial than going to court.
Is mediation required in California divorces?
While general divorce mediation is not required, California does require custody mediation before any contested custody hearing. In San Bernardino County, parents with custody disputes must attend mediation through Family Court Services. For other divorce issues, mediation is voluntary but often encouraged.
What is the difference between mediation and collaborative divorce?
In mediation, a single neutral mediator works with both parties. In collaborative divorce, each spouse has their own attorney, and all parties sign an agreement to negotiate in good faith without going to court. If collaborative negotiations fail, both attorneys must withdraw—creating a strong incentive to reach settlement.
Can a mediated agreement be changed later?
Once a mediated agreement is incorporated into a court order, it can be modified like any other court order when circumstances change significantly. Child custody and support can be modified; property division is generally final. Having an attorney review your agreement before signing is important.
California Legal Resources
Explore Your Resolution Options
Whether mediation, collaborative divorce, or negotiated settlement makes sense for your case depends on your specific circumstances. A Certified Family Law Specialist can help you evaluate your options. Contact us today.