Why Mediate?

The reasons can be summarized in the four "C's": Cost, Convenience, Conflict, and Confidentiality. 

1. Cost - going to court to resolve issues is no longer a viable option. With funding being cut by the State, the courts are over-loaded to the point of being ineffectual. Consequently, even though your issue might only take a half an hour to try, you could be at court for four to five hours waiting for your turn - all the time with your attorney's meter running. On the other hand, with mediation you simply go to Mr. Walley's office at a set time and begin the process. There is no "down time," which saves a lot of money. 

2. Convenience - the meetings are held at Mr. Walley's office in an informal setting, which furthers the chances of resolving issues. Rules of Evidence do not apply, so you can tell your side of the story without interruption and without having to structure your comments to fall within admissible testimony. That way, the real truth can come out, which often does not happen in court. (While you may "know" something, you may not be able to prove it in court.) 

3. Conflict (or, rather, the avoidance of Conflict) - this may be the key benefit of mediation: Because mediating is not adversarial, you do not have to take hard-line positions hoping that the judge will give you some of what you ask. In mediation, you can go into the causes of your break-up and the effects on the children, while in court the causes are not admissible because California is a no-fault state (unless the conduct affects the children). Often, a frank discussion of the causes of dissolution is very beneficial to one or both parties in the mediation. If you have children, then it is essential to preserve a "civil" relationship with your ex-spouse, so you can attend games, graduations, and weddings with each other without embarrassing scenes or arguments. That is the only way your children will have a chance of growing up with some sort of normalcy. 

4. Confidentiality - the mediation sessions are conducted in private, so you do not have strangers wandering in and out of the courtroom while you are testifying. Your financial and tax records remain private. Your disputes remain private, so you are free to discuss them in detail, as opposed to having to testify about them in a public setting. So, as you can see, mediation is the only logical way to end your marriage.

Misconceptions About Assets

In my 40 years as a litigator/Family Law attorney, I believe the most prevalent misconception about marriage is the belief that upon marriage, the assets belonging to each spouse become community property. That is simply not true. 

The assets owned by each spouse before marriage remain their separate property unless the owner does something to change that condition, such as add the other spouse to the title of the house or bank account. Otherwise, the pre-marital assets remain the owner's separate property. And, the interest income or rents or appreciation also remains the separate property of the owner unless put into a joint account with the other spouse.

Family Law Mediation for Orange County, CA

Tom Walley is pleased to announce that he is conducting Family Law mediations. Mr. Walley has over 40 years of experience in handling all aspects of Family Law - including Dissolutions of Marriage, premarital agreements, step-parent adoptions, Legal Separations, custody disputes, and marital separation agreements. 

Besides counseling the parties, Mr. Walley prepares all of the necessary paperwork and handles the court filings. Unlike many mediators, Mr. Walley informs the clients of what the law is, how much support might be due, the best way to divide your assets, and can answer questions pertaining to real estate or business issues. 

Mr. Walley practices in Newport Beach, but has clients from all over Orange County and the Southland. He is one of the few AV™ rated attorneys practicing Family Law in Orange County. Contact him today for more information about his mediation services.