Los Angeles, CA family law attorney Joanne Ratinoff talks about the mediation process in terms of family law. She explains that the mediation process in family law involves two parties voluntarily coming together with a neutral third party known as the mediator. As a mediator, my role is not to impose settlements but to facilitate discussions and explore various issues. If the parties reach agreement on any particular issue during mediation, I support their resolution without exerting pressure or influence. I also refrain from explicitly stating what a court or judge would decide, unless specifically requested by the parties. It is essential to respect the parties’ freedom to craft their own agreement, regardless of whether I personally deem it appropriate or predict that a judge would approve it, as long as it is not illegal. However, if a proposed action is not legally permissible, I must inform the parties accordingly.

Once agreements are reached, we will draft the necessary documentation. I strongly encourage both parties in the mediation process to seek independent legal advice to review the agreement. As a neutral mediator, I cannot provide individual advice to either party or express opinions on the fairness of the deal. Therefore, I advise them to have their negotiated agreement verified and checked by their respective legal counsel. If adjustments or further negotiations are required after consulting their lawyers, we can return to the mediation table and continue working on those matters.

It is important to note that if there are unresolved issues, the parties must decide whether to pursue an adversarial process or explore alternative means of compromise to address those outstanding matters. The mediation process focuses on finding mutually agreeable solutions and fostering cooperation between the parties involved.