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LEGAL REPRESENTATION – For a contested divorce, both parties employ attorneys to prepare and take the case to court. However, over 80% of our cases do NOT go to court for a contested hearing. In Santa Clara County, less than 3% of the family law cases go to trial. Mature, experienced family law attorneys can address and resolve the issues between spouses without court intervention. Thoughtful attorneys seek solutions that permit settlement. If the spouses cannot come to an agreement, then the court offers to settle the dispute. Santa Clara County Family Court promotes resolution and will schedule uncontested settlement conferences to assist. Only as a last resort, will a case proceed to trial. MEDIATION – Both spouses employ one attorney-mediator to help them through the divorce process. The mediator must remain neutral and cannot represent either party. The mediator meets with both spouses to assists them in reaching an agreement. The mediator may assist also with procedural steps in getting your documents through the court process. The mediator is limited in offering solutions and does not make any decisions. The goal is to give the spouses the setting in which to reach agreements. Thereafter, each is encouraged to employ a reviewing attorney who may offer advice and review the written agreement. That agreement becomes part of the final Judgment. No court appearance is required. COLLABORATIVE LAW – Each spouse employs an attorney. However, the employment agreement specifies that the attorney may not take the matter to court. The parties and attorneys use four-way meetings to discuss the issues and seek a resolution. Each attorney is an advocate for the respective spouse and is committed to working for solutions that benefit both spouses without court intervention. Once an agreement satisfies both spouses, it will become part of the final Judgment. No court appearance is required.
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