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Mediation and Collaborative Law:
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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.
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 also generally non-binding and parties may withhold necessary information from each other, thus endangering the agreement.
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. On the other hand, mediation may be unfair to one party due to the other party's lack of good faith or failure to provide all necessary information. 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 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, either hourly or by flat-fee, and I accept Visa, Master Card, Discover, and American Express.
Charles D. Stark
Attorney and Counselor at Law
3510 Unocal Place
Suite 200
Santa Rosa,CA 94503
Phone: 707-527-9900
Fax: 707-527-7490
Attorney Charles D. Stark serves residents of Sonoma County, California, including communities such as Santa Rosa, Petaluma, Healdsburg, Windsor, Sebastopol, Rohnert Park, Sonoma, and Cloverdale, California.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2008 by Charles D. Stark. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |