Alternative ways to resolve a conflict


Peaceful Divorce An Idea Whose Time Has Come

Ask most people what it is like to gotaking more of the sales proceeds then
through a divorce and chances are youtheir clients get to keep. Instead of
will hear a litany of horror storiesthe children of the divorcing couple
about high legal costs, unfair resultsgetting the benefit of the equity their
in court and lawyers who don't careparents have built, the lawyer's
enough about their own clients to returnchildren are the ones who get to go to
phone calls. Splitting up a family andprivate school and the children of some
the assets that have been accumulateddivorcing couple will be lucky to have
during a marriage is probably one of thelunch money. It doesn't have to be this
most emotional transitions a person canway.
go through. Being encouraged by legalDivorce Mediation is an alternative that
counsel to litigate instead of beingallows you to keep control of your own
reasonable only exacerbates the badlife, money and children. Most divorcing
feelings between a couple. Because ofcouples have a lot to protect and this
the high cost of legal assistance, it iscan best be done by working together.
more important than ever to make sureCo-operation saves more than just money.
your lawyer has your best interests atThe best gift you can give your children
heart and is not taking unnecessaryis to be able to co-parent with your
steps so that they can profit by billingspouse. Instead of a divorce taking
more hours to your account. If there areyears of expensive fighting, divorce
children involved it is crucial that themediation only takes a day or two
parents walk away from divorce courtpartial days. While it may sound
with the ability to co-parent, somethingimpossible that a total solution can be
that is hard to do after a long, bloodycrafted in a 4-7 hour period, I have
adversarial process. Finding a lawyerdone it so many times with so many
who takes pride in resolving a familydifferent types of couples, I know it
law matter as quickly, inexpensively andworks.
with as little blood shed as possible isThe attorney who acts as mediator does
unusual.not represent either party but acts as a
Traditionally the process of getting aneutral facilitator who is a resource
divorce has involved hiring lawyers,for both. The couple can ask the
going to court and letting a judge orattorney/mediator legal questions and
the lawyers decide and/or negotiate thereceive help in arriving at all the
outcome. The couple plays the mostterms of their divorce. The mediator
passive role in the legal drama. Becausedrafts the marital settlement agreement,
the decisions are coming from abovewhich is the document that is attached
instead of the couple themselvesto the Judgment. The judge signs the
fashioning a result, it is oftenagreement without the couple ever going
difficult for the couple to comfortablyto court and the divorce becomes final 6
live with the final outcome. When themonths from the day the initial papers
couple is more actively involved inwere filed and served. When the mediator
creating the terms of their own divorcehas a powerful intention to complete the
instead of having to put up with thedivorce process instead of dragging it
"one size fits all" solution that theout, the results are miraculous.
legal process gives them, there is aAs someone who taught school for many
better fit and more of a commitment toyears, has a Masters in Special
make it work. Most people resentEducation and worked with extremely
solutions that are imposed on them. Itemotionally disturbed children, my
is natural that individuals are moreprimary interest is to help couples do
satisfied when they get to decide forwhat is in the best interest of their
themselves instead of being told what tochildren. It is not in your child's best
do.interest to spend all your money
The adversarial approach does not servefighting with each other. It is not in
the co-parenting process nor is ittheir best interest to be caught in the
economically efficient. The averagecross fire of their parent's nasty court
divorce in California costs $20,000 eachbattle. I have a unique ability to help
when both sides have attorneys. Ofcouples focus on what is really
course the price will go up or downimportant and get off the positions that
depending on how much the couple iskeep them from settling. I do what I
encouraged to fight vs. being encouragedcall "Divorce In A Day" by working with
to be fair and settle. Divorcing couplesthe couple to find each side's bottom
can be extremely emotionally vulnerableline, letting them know what the court
and easily manipulated by legal counselwould probably do, acting as a reality
who can be more interested in racking upcheck if they have unreasonable
a huge bill instead of quickly, fairlyexpectations and constantly refocusing
and efficiently resolving the matter.them on what is the most workable
While there are many ethical divorcesolution for their situation. I do all
lawyers who try their best to protectthe paperwork associated with the
their clients, their orientation isdivorce as well as helping the couple
still that of a "zealous advocate" whichcraft their own solution.
means they will do everything in theirDivorce mediation works best with honest
power to try to get their clients thepeople who are not hiding assets and
best deal. This deal often costs more injust want a result that is fair. Most
legal fees than it is worth and usuallycouples who are in the initial stages of
results in making the couple so angrythinking about getting a divorce would
with each other it is impossible todo well to meet with a divorce mediator
co-parent.as opposed to hiring their own
Most people are unaware that family lawattorneys. You only get one chance at
attorneys are the ONLY kinds of lawyersgetting a divorce without acrimony. Once
in California whose fees are protectedyou start to go down that adversarial
by the equity in their client's home. Byroad, it is that much harder to get back
law they have the right to run upto a place where you can function
enormous fees and then slap a lien oncomfortably as co-parents.
the family home and force a sale, often



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