Mediation is a cooperative problem solving process where a neutral mediator assists the parties in defining issues, gathering information, and understanding the applicable legal standards. The mediator helps the parties design their own agreements for division of property, debts and calculation of support. The mediator also helps parents understand their children's needs and best interests to develop mutually-agreeable custody plans and cooperative parenting relationships. In appropriate cases, the mediator may work with qualified mental health professionals to assist with child-related issues.

What is the Mediator's Role?

The mediator is not acting in the role of attorney during the mediation. The mediator is completely neutral and does not advocate on behalf of any party. Their goal is to ensure a balanced discussion, provide focused alternatives and information about the law, and deal with issues that the parties raise. Each party is encouraged to seek advice from an independent attorney to review any agreement before signing, if they so desire.

Why Should I Choose Mediation

Instead of Going to Court?

Mediation is usually less expensive and time-consuming than the traditional family law litigation approach. It allows the parties to make their own agreements -- not a judge. It is less hostile and adversarial than the court process. In addition, the parties can avoid public exposure of private issues and concerns. Finally, it allows for more creative and personal solutions than what the court can order.

What is Collaborative Negotiation?

Collaborative negotiation is an alternative to mediation where both parties are represented by attorneys and all commit themselves to resolving their differences justly and equitably without resort or threat of resort to the courts. Collaborative negotiation relies on an atmosphere of honesty, full disclosure, cooperation, integrity and professionalism geared toward the future well being of the whole family. Collaborative negotiation proceeds by informal discussions and conferences to settle all issues.

Collaborative negotiation requires each party and each attorney to take a reasoned position on all issues. Where such positions differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties and if necessary to compromise to reach a settlement of all issues.

Why Should I Choose Collaborative Negotiation?

Collaborative Negotiation allows each party to have representation by their own attorney, without escalating the adversarial nature of the separation process. It allows for maximum input of information needed to make good decisions. It provides an open, non-judgmental process that will accommodate changing circumstances as the family grows and changes after the divorce. Collaborative Negotiation increases emotional intelligence to strengthen future interactions between the separating parties and an increased ability to co-parent effectively. There is typically much less stress through the separation process and more satisfaction with the outcome. Finally, it saves everyone involved time and money.

About Yasmin Cogswell Spiegel

Yasmin Cogswell Spiegel is a Certified Family Law Specialist (CFLS) and Mediator with her practice primarily in Yolo, Sacramento and Solano Counties. She has served as Vice President of the Yolo County Bar, Chairperson of the Yolo County Mental Health/Bench/Bar Committee, Chairperson of the Alternative Dispute Resolution Subcommittee of the State Bar, Northern Section, a volunteer mediator for the Sacramento Superior Court In Pro Per Mediation Program for four years, and as Judge Pro Tem for Sacramento and Yolo Counties.

Ms. Spiegel has taught mediation and child custody courses for the California State Bar and the National Business Institute. She is a member of the American Bar Association, the Yolo County Bar Association, the Sacramento Bar Association, the California Association of Legal Mediators, and the Sacramento Collaborative Negotiation Group. Ms. Spiegel has had over one hundred hours of training in mediation and collaborative negotiation. She has been in private practice in Davis since 1991.