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There is a large, un-tapped market for the use of divorce and custody mediation. In general, people do not realize that there is an excellent alternative to going to Court and to resolve divorce and/or custody issues utilizing a process that is non-adversarial, fair and impartial, and where the results are often much better than any results that could be achieved in Court. You should be informed that the clients I generally see for mediation are busy professionals and are a “well educated” crowd. So, if you fall into this group, then it is very possible that mediation is for you.
I have put together this website to help people understand the mediation process, the benefits of mediation, and the typical cost for mediation in various scenarios. Almost all of the people who mediate do so because they do not desire to be involved in the time-consuming and expensive litigation process, especially when the mediation process is much faster, usually achieves better results, and both parties are usually much happier with the end result and with the mediation process itself. In fact, it is my strong belief that parties with a child or children should not be allowed to litigate their custody dispute in Court until after they have attempted mediation with a qualified and experienced mediator such as myself.
A vital part of any successful mediation process is that the parties need to be able to be in the same room with the other person, act in a civilized manner, be candid about assets, debts, their income from all sources, and the both parties must act in the best interest of their child or children during each session which usually does not last more than two (2) hours at a time.
Mediation, the way I do it, is an extremely fair and efficient process which helps parties to resolve disputes and reach mutually beneficial agreements. A neutral mediator assists the parties in reaching a voluntary, negotiated and legal resolution that covers all outstanding custody, support, and divorce related matters. Choosing mediation is an efficient way to resolve disputes for many family law matters, including, but not limited to, issues involving divorce, custody, and support. Mediation is a relatively quick, private, and inexpensive way to resolve disputes that often provides much better results in a fraction of the time and at a much lower cost when compared to litigation. Most importantly, mediation, the way I do it, allows for a complete resolution of all outstanding issues without destroying necessary parental relationships, especially in the case of custody matters where the parties involved will be co-parenting long after the divorce or custody mediation process is over.
Mediation is a great solution for people who are interested in getting divorced and that could range from people who do not have much income to those who have multimillion dollar estates. My long-time experience as a mediator entails that I have previously and successfully handled a “wide range” of custody and divorce issues. If experts need to be retained, let’s say to conduct a business valuation, then all of this can be done in the context of the divorce mediation. As a “seasoned” family law attorney of nearly thirteen (13) years, it is extremely rare these days for me to experience “uncharted territory” when it comes to Divorce, Child Custody, and nearly every other potential Family Law issue. Simply put, my experience dictates that I have already “been there and done that.” As a seasoned divorce/custody mediator, I am extremely motivated to achieving total success in every mediation case that I accept. As such, the odds of overall success when I mediate are quite high.
I do not look at mediation in one realm like I do in litigation. The key thing about mediation is that parties may resolve disputes using both the “legal universe” and the “moral universe” which explains why the results in mediation are often much better than those achieved in Court via litigation. In mediation, the way I do it, the parties are not allowed to “throw mud” at each other. Both parties may invoke their own moral values of right and wrong in reaching the “best possible” resolution for their unique set of custody and divorce issues. Finally, the mediation process has a “therapeutic value” which allows parties to more readily move on with their lives and commence a “productive and working” relationship with each other as parents, rather than a destructive relationship as former spouse or former significant other which often entails a “huge dose” of ongoing hostility between the parties.
In mediation, my goal is to educate people so that each person can make an informed, intelligent, and educated decision pertaining to the resolution of all custody and divorce matters. It is my belief that mediation, the way I do it, does not allow for “bad results,” unless a party voluntarily agrees to be obligated well beyond what might be ordered in Court. However, even in this instance, I will insure that such decisions by a party are informed and educated decisions where that party acknowledges that he or she has voluntarily agreed to do more than what a Court might order. I also strongly believe that the mediation process can achieve better, longer lasting, and mutually beneficial results when compared to litigation. In fact, most parties who mediate insist upon a “mediation clause” to insure that in the future they will mediate any disputes between them with an experienced mediator such as myself, prior to either party filing a motion or action with the Court. Parties who successfully mediate their case often will never, ever enter a Courtroom since they consciously made the decision to take control of their own lives and destiny to insure better results for themselves and their children. By the way, most parties would agree that they understand the “best interest” of their child or children and can make far better decisions for their child or children than any District Court Judge. I certainly agree that “good parents” can almost always make a far better decision for their child or children than a Judge who does not know the child or children, does not care for the child or children, does not personally know about their lives and circumstances, and who does not “love them” or truly know what is in their best interest. In other words, the mutual decision of “good parents” is usually the “best possible” decision for the minor child or children. It is my opinion that decisions for the minor child or children agreed upon by “good parents” are almost always far better than those of a judge for the reasons indicated above. |
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