Mediation involves the least amount of formal court involvement and the greatest amount of commitment by the parties. Both parties agree upon a neutral third person (an attorney or other professional) whose role is to help them reach their own agreements on the issues.
- Child Custody
- Child Support and Spousal Support
- Property Settlement and Tax Issues
- Domestic Partner Relationships
This kind of settlement requires that both parties be willing to discuss options that may work. The role of the mediator is to assist the parties in generating options and facilitate agreements, not to give legal advice to either party. If Ms. Barocchi acts as a mediator, she will require that both parties consult another attorney to have the final agreement reviewed, and will urge that each party use independent counsel for advice during negotiation. As a mediator, Ms. Barocchi can offer neutral input and information about the law, but cannot advise the parties as to their best possible positions.
Once agreement has been reached on all issues, Ms. Barocchi will prepare a final written document (either a “Marital Settlement Agreement” or “Stipulated Judgment”) which the parties will sign. This will then be filed with the court, and the Judgment of Dissolution becomes final. If the parties are already divorced, their agreement will be prepared and filed to change or supplement their previous orders. No court appearance is required.
Lindy Barocchi is a highly experienced mediator. With more than 25 years of experience in both mediation and litigation—often with complex cases—she has a wealth of knowledge about both the legal system and countless options parties have used to reach agreements. She has developed insight into how to help parties find common ground, believes in the benefits of mediation, and is fully committed to the process.