Mediation is a process whereby a neutral third person trained in dispute resolution techniques guides your spouse and you through a process of listening, identifying issues, exploring options and coming to a mutually agreeable solution for both parties. Mediation is an excellent alternative when the parties need to figure out a way to continue to work together such as when they have children. Mediation is also helpful in reaching closure for parties where both parties can articulate their goals, even if they do not desire to remain friends after the dissolution is concluded.

Mediation is a process that permits the parties to take responsibility for making decisions that affect their lives. Parties are encouraged to consider "out of the box" solutions that a court might not be able to order to achieve goals desired by each party.

Sometimes, where children are involved, two neutral persons act as co-mediators. Usually one mediator is a mental health professional with expertise in child development and the other is an attorney knowledgeable about family law. Sometimes having female and male co-mediators is a more desirable format. The mediator(s) can utilize experts such as accountants to assist the parties and the mediator with the financial issues.

There are various approaches to mediation but no matter what method appeals to the parties, virtually every mediator advises clients to seek the advice of an attorney prior to finalizing any settlement agreement that has been negotiated.

Linda S. Gross acts as a consulting attorney to parties engaged in mediation. She can start advising at the beginning of the process so that a person enters the mediation with an idea of what his or her legal rights are. She can strategize and discuss options and alternatives with a client so they can bring ideas for settlement into the mediation. Finally, she can review and comment on the settlement agreement to make sure that a client's interests are protected by the language in the settlement agreement and to insure that the agreement reflects the client's understanding of what the negotiated deal is.

If the parties desire and want to spend the money, attorneys can accompany the parties to sessions with the mediator. Linda S. Gross is available to participate in this type of mediation process as well. Sometimes parties wish to retain the services of a private judge. This is someone who used to serve as a family law judge in the courts, has retired, and is now available for parties to hire to assist them in processing their case.

As with collaborative family process, mediation is dependent on each party's commitment to full disclosure. If a party has some knowledge that the other party is deliberately not disclosing the existence of an asset or debt, the case may not be appropriate for mediation.

Generally parties share the cost of mediation. Linda S. Gross recommends cost sharing because if one person is not contributing to the cost of the mediation, he or she may not feel invested in the process. Also if one party controls all the family wealth, it may be an indication that mediation is not the best process for the parties. Issues in mediation may be complicated if there is domestic violence between the parties, issues of substance abuse, differing degrees of financial acumen, and so forth. Linda is also available to discuss with a client whether or not his or her needs will be served by engaging in the mediation process.

LINDA'S MEDIATION TRAINING

Advanced Mediation Training with Forrest Mosten,May 22, 2006 to present (3 hours per month - ongoing)

Advanced Family & Divorce Meditation, Los Angeles, County Bar Association Dispute Resolution Services (14 hours), November 18-129, 2005

Basic Mediation Training (30 hours) Los Angeles County Bar Association Dispute Resolution Services - August 2003.