THE REASON
“You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose. You’re on your own. And you know what you know. And YOU are the one who’ll decide where to go...”
— Dr. Seuss, Oh, The Places You’ll Go!
YOU HAVE OPTIONS.
Mediation is an alternative to traditional litigation, which is similarly designed whether you are disputing a breach of contract, tort action, negligence claim, or determining a parenting plan, support and division of family assets. Based on the adversarial system, in litigation, two advocates represent the interests of opposing parties before a judge (or jury) who decides the result by applying law and precedent to the facts. Unsurprisingly, litigation is poorly designed for resolving family conflict.
You, your partner and your children have unique needs and may require a creative plan for moving forward from this conflict. Mediation offers an alternative to the adversarial approach. By giving you maximum control and flexibility over your dispute, in mediation you can fashion a plan for resolution that works best for you and your family. Mediation is a child-centered, party-driven, and collaborative effort to achieve a peaceful and lasting settlement.
WHY MEDIATION?
Self-Determination: You are in control of the result.
Creativity: Mediation allows you to structure an agreement that addresses your unique needs and circumstances.
Privacy: Unlike a public court process, mediation allows you to protect your family's privacy.
Confidentiality: Mediation provides a safe space for communicating interests and proposing compromises.
Collaboration: Mediation minimizes hostility and anxiety and encourages meaningful negotiations for mutual benefit. By improving party communications and cooperation, mediation increases your ability to resolve future conflicts.
Efficiency: Mediation saves time and money.
Efficacy: It works.
THE APPROACH
“Creativity requires the courage to let go of certainties.”
— Erich Fromm
DARING TO BE DIFFERENT
No two families are alike - neither are two mediations. In designing the roadmap for your mediation, I carefully tailor the process to your particular needs. My job is to educate, inspire, and encourage thoughtful negotiations for long-term solutions that will work for you, your partner and your children. I pride myself on my ability to think "outside-the-box" and I encourage parties to get creative with their separation plans.
HOW IT WORKS
Mediation is a collaboration between you, your partner, your attorneys and the mediator, working to generate an agreement that addresses your individual and unique family needs. Parties often come to mediation when they have reached an impasse, skeptical about whether they will be able to achieve anything new in the process. Your role is to come to mediation with an open mind, ready to work. My role is to surprise you.
I meet with parties separately, at first, in order to get to know you and assess your case for mediation. This helps me to design a process that is right for your unique conflict. During the mediation, I will guide you and your negotiating partner through the process and facilitate the communications between you. The mediation may include joint sessions, solo sessions, or a mix of the two, during which I will help you identify your needs, address your concerns, coach you through strategic negotiations, and help you generate practical solutions. Although I am a lawyer, as your mediator, I do not give legal advice. My job is to make sure you and your partner are aware of the relevant legal issues and assist you to make your own decisions.
Your attorney has an important role in the process. Your attorney's job is to inform you of your rights and obligations and advise you about the litigation process and range of possible results in court. Depending on the circumstances, your attorney may or may not attend the mediation, however they should be available during the session to assist you, if necessary.
The goal in mediation is to achieve a settlement that is practical and well-informed, using all the resources that will help get you there.
THE OUTCOME
GOT ASPIRIN?
A mediated settlement has the potential, not only to bring a speedy resolution to conflict, but to provide parties with practical solutions that best suit their needs and lifestyle.
In my years in family law practice, I empathized with my clients who often felt overwhelmed by legal procedure, cost, and lengthy detours on the litigation highway (judicial continuances, courtesy extensions, broad scope discovery requests). While there are certainly necessary procedures and protections in litigation, the nature of the adversarial legal system has the unfortunate effect of creating acrimony, where parties - families - are often best served reducing conflict and bringing peace and finality to the dispute.
Early in my legal career, a wise mentor once asked in a meeting: “What is it that we do?” to which someone replied, “We provide a service. We are service providers.” "No," he explained, "Clients aren't looking for a service, they are looking for a solution. People come to us with their headaches. They want an aspirin.” The unfortunate reality of litigation is that too often it requires that you swallow a migraine before you can tackle your headache. In mediation, you address the conflict head-on and create a resolution that works for you.
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Santa Monica CA 90401
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The content is provided solely for informational, educational and advertising purposes, and does not constitute legal advice nor does it create an attorney-client or mediator-client relationship. Communications and transmissions through this website do not create a formal attorney-client or mediator-client relationship. Please do not send Winestone Mediation any confidential information until a mediator-client relationship has been created by way of a written mediation agreement that has been mutually executed.