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Mediation and Collaborative Law

The legal history of verdicts and settlements shows us that the most successful outcomes do not always come from jury verdicts or courts after lengthy, expensive trial litigation. In both the collaborative family law approach associated with divorce and the mediation processes often utilized in civil disagreements, professional legal mediators help manage the emotion of the dispute and work to reach a compromise that both parties feel comfortable with. In my mediation and collaborative family law practice, I will help you determine exactly what your personal settlement needs are, and how we can work together to negotiate an agreement that is right for you. I am attorney Charles Stark, and I have more than thirty years experience as an attorney with the special training required to also be a professional mediator and alternative dispute resolution (ADR) attorney.

Mediation and Collaborative Law:
  • Alternative Dispute Resolution (ADR)
  • Collaborative family law
  • Divorce mediation
  • Contested will mediation
  • Business dispute mediation
  • Breach of contract mediation and arbitration
  • Real estate dispute mediation and arbitration
  • Probate administration dispute mediation

Frequently, starting with alternatives to litigation makes both sides more amenable to reaching a resolution. Time and time again, I see the positive, cost-effective outcomes that result from working with the other side through mediation. I have helped hundreds of clients get the outcome that makes the most sense, at the right cost, and with the least amount of stress.

Mediation

If you are currently in a dispute, you need to consider mediation before filing a lawsuit. Contact me, California mediation lawyer, Charles D. Stark to discuss ways that professional mediation services can help you get an outcome that works for everybody. Mediation, more than litigation, facilitates negotiation and dispute resolution while minimizing direct face-to-face confrontation between parties. In mediation, parties voluntarily meet with a third-party intermediary who moderates the discussion between the parties and helps them reach a consensus resolution to their disputes. The mediator is less like a judge and more like a facilitator that helps the parties resolve their own dispute. The advantages of mediation are that it is less expensive and time-consuming than litigation. However, mediation is not for everyone. Mediation is also generally non-binding and parties may withhold necessary information from each other, thus endangering the effectiveness of the agreement.

Collaborative Law

In some circumstances, mediation may be unfair to one of the parties due to the party's inability or lack of experience to fully participate in all the important issues. This could be caused by emotional hurdles or lack of experience in dynamic financial matters for example. Instead of taking the family dispute to litigation, agreement may be reached by participating in Collaborative Family Law sessions. In the Collaborative Law approach, specially trained coaches (usually marriage and family counselors) assist clients throughout the process. Financial, child, or business valuation specialists may also be added to the team on a tailored and efficient basis to assist in developing and understanding options in those particular issues. The coaches also help facilitate constructive communication between the parties. Collaborative Law requires parties and attorneys to agree to full disclosure and no court proceedings. Even though the marriage is over, a relationship between the parties may still be necessary for the sake of children or other interests. Thus, the collaborative approach is more supportive and less adversarial that either mediation or litigation, and it is designed to foster a working relationship after the marriage is over. Moreover, the approach is usually less costly and time-consuming than litigation.

For more information about professional mediation and collaborative law representation, contact me, California mediation attorney Charles D. Stark, to discuss ways to achieve a successful outcome without expensive litigation. My rates are reasonable and I accept Visa, Master Card, Discover, and American Express.