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In The News
Call in expert with KTAR radio Contributor to Fox 10 news on legal matters
Testimonials
"Ronee truly cared about my case and it showed in the results." READ MORE > "Ronee Korbin Steiner represented me |
Mediation Divorce Mediation and Custody Mediation are a way to resolve your divorce or custody dispute which lets you keep full control of the outcome. The only people making decisions are those involved in the dispute, unlike arbitration or litigation where a judge or an arbitrator makes the final decision. Divorce Mediation and custody mediation typically consists of several joint meetings between spouses (or parents, if you are not married) which typically last 2-4 hours each. During those meetings, you and your spouse discuss the issues which need to be resolved in your case. The mediator is there to facilitate the discussion, assist with communication, provide information and suggestions, and use specialized training to assist the two of you to resolve your differences and write up an agreement which is fair to both of you, and, if you have children, in their best interests as well. Our first meeting is a free, half-hour mediation orientation so that you can meet me and decide if you'd like to try using mediation to settle your divorce or Family Law matter. I will explain the process, and you can ask any questions that you wish. The mediation orientation is free of charge as long as we are talking about the mediation process, and not the details of your particular case. I offer the mediation orientation because getting divorced and choosing a mediator are very personal, very important decisions. I want to make sure you choose the right professional mediator and mediation office for your needs. If you're almost certain you would like to mediate your divorce or custody dispute, you can schedule your first mediation appointment to follow the mediation orientation. If you would prefer just to meet me and find out more about mediation, feel free to do so. There is no obligation when you come in for a mediation orientation appointment. The actual Mediation process involves sitting down at a table in a neutral location where both parties will have the opportunity to present their stories in a balanced and non-confrontational way. There are several rules:
Sometimes, people find they need more information before they can make an agreement or before the session can continue. When that happens, we can either go on to another issue, or stop the session and make another appointment, so that you'll have time to gather the information you need, or speak to your accountant, lawyer, or other advisor(s). Mediation works best when people don't feel rushed to make an agreement and when they have all of the information they need to make a good agreement. Mediation is the most practical and healthy choice for a person to make when facing a divorce. It helps you avoid the stress of litigation, saves you money, and helps you put the unpleasantness of divorce behind you as quickly and peacefully as possible. I also find that the agreements reached are more thoughtful and tailored to your individual circumstances, and your family's circumstances, than the typical court judgment. As a result, the adherence rate to mediated agreements is much higher than that of adherence to court orders. Mediation is cheaper because it's faster and more direct. Most people come to mediation willing to work on the issues and to learn how to communicate better. That willingness translates into a less expensive divorce because resolving a case is almost always cheaper than taking it to trial. Rather than speaking through lawyers, you speak with each other (with the mediator's help, of course) about your goals and issues. Even if lawyers are involved with your mediation, they aren't spending hours and hours in court waiting for the judge to be free to hear your trial or billing for endless back-and-forth phone calls about the smallest details of your case. When you're using your lawyer, she is actually working on your case and helping to settle. Consequently, here fees are typically much lower than in a case which is brought to court to litigate. On average, clients will resolve cases in significantly shorter periods of time. Why is mediation more effective? Mediation is more effective because:
What if we can't even talk? How can we mediate? If you are willing to try to learn to talk to each other, then it's worthwhile to try mediation. I have been professionally trained to help people to build agreements and to learn to communicate with each other. If you're willing to try, we can get you talking. If being in the room together is too difficult, I can schedule separate sessions either at different times or at the same time, but in separate rooms. This can let you take advantage of the benefits of mediation without the stress of being together in the same room. These separate meetings are called caucuses, and we can tell you more about how caucuses work if you call or come in for a mediation orientation. What happens if we don't agree in mediation? Even if you cannot agree on everything, you will probably be able to agree on some things. Each issue that you resolve in mediation translates into less time in court, less legal fees and less aggravation for you. And, for those issues you could not agree upon, at least you understand what those issues are, and where you stand. At the very least, you will feel like you tried your best to reach an agreement before resorting to court intervention. Sometimes new information, proposed solutions, or the passage of time makes it possible to resolve a previous disagreement, so even if you don't resolve your issue immediately, you may be able to resolve it a week or a month later, without having to go to court. Because mediation is flexible, you're free to schedule an additional appointment at any time. You're also free to stop the mediation at any time if you don't feel you're making progress toward resolution. Who is a good candidate for mediation? All couples who are divorcing, splitting up (if not married), or dealing with custody or post-judgment issues are good candidates for mediation provided:
Do mediators take part in the court process? I cannot help you prepare the papers necessary to file in court, and but can draft your final agreement that the court will accept as your final divorce judgment. I can only represent one party and therefore, in the mediation process, you will likely rely on an attorney of your choice to draft all necessary documentation unless you choose to do it yourself. I can do calculations for spousal maintenance and child support. I use a computer program used by the court to do those calculations. I cannot represent either party should mediation break down. That would be viewed as a conflict of interest. Will the mediator testify for us in court? No. The mediation process is absolutely confidential between the mediators and the parties. If you wish to involve other professionals in the mediation process, by mutual agreement, those sessions will be confidential as well. In other words, we will discuss your situation together, but I will not discuss it with anyone who is not in the room without your permission. I want for you to feel free to discuss your concerns with us without fear that someday we will be repeating those concerns in front of a judge. Do mediators give us advice? Mediators don't give advice but we do give you plenty of information so that you can make the best decision for you, and for your family. We also teach you how to communicate better, and we teach you what you need to know about the law, but we don't tell you what's best for you. That's why mediation works so well--because you decide what's best for you and your family. We help you every step of the way, and sometimes we'll make a suggestion for an option you haven't thought of, but we won't tell you what to do. Because I am an attorney, my advice is based on my years of experience in the Family Law system. Will the mediator tell me if our agreement is fair? I cannot tell you if your agreement is the best way for you to resolve your particular circumstances. There are many ways to resolve problems. I won't make a judgment call for you about whether the particular solution you are considering is the best resolution for you. Each case has a range of fairness, however. I will make sure your agreement is legal and that it is within the boundaries of what the court might do in your case. I will not encourage or participate in an agreement which is so unfair to either side that it is unlikely that a judge would approve the agreement when it is presented in court. For example, if the financial calculations indicate that child support should be between $350 and $500 per month, I will tell you that. If you decide that child support should be $325 or $575 per month, I will help you make that part of your overall agreement. If you decide that child support should be $35 per month because one side is threatening the other to force an agreement, I will not be a part of your agreement, and will either work with you to fashion a new agreement which is within the law's guidelines, or refer you elsewhere. |
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