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Why Mediate?

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What’s in it for me? That is the question often asked when mediation is suggested.

Ideally, mediation of a divorce case will save time, money, and upset. Mediation can be a Win-Win proposition but it requires two people who really want it to work.

In mediation the goal is to help the parties design a settlement agreement that will realistically fulfill their needs, which requires that the parties clearly and specifically identify their ideal solution to the dispute while taking the other party’s desired outcome into consideration. This requires the three C’s: cooperation, collaboration, and compromise. To compromise – in other words, to find the middle ground and occupy it. This is the place from which people are able to negotiate their way through dispute to agreement.

Before a party to conflict can contemplate compromise, they have to truly listen to the other party, hear what they have to say, learn why they feel the way they do so there can be understanding, and then try to view the dispute from the other person’s position. This makes compromise possible where it was not previously considered. And in turn, allows for the transformation from dispute to resolution.

To learn more about the mediation process, we would like to extend an invitation to our next Second Saturday Divorce Workshop, which will take place at 10:00 a.m. on May 13 at our Woodland Hills Office. Attorney Ty Supancic of The Law Collaborative will address the legal issues in divorce and discuss the mediation process. This workshop is beneficial to anyone contemplating divorce, going through divorce, or curious about their options. This workshop is free, but space is limited, so please call our office at (818) 348-6700 to RSVP. Thank you for the opportunity to be of service.

Best wishes,

Ronald M. Supancic, CFLS

The Law Collaborative, APC

5955 De Soto Avenue, Suite 125

Woodland Hills, CA 91367

T: (818)348-6700

F: (818)348-0961

E: info@thelawcollaborative.com

www.thelawcollaborative.com

Is Flat Fee Divorce Even Possible?

 

Flat Fee Divorce

Most lawyers will tell you that it is impossible to do a divorce on a Flat Fee Basis. That is only true based on their inherent flawed assumptions. Those lawyers are assuming that there always has to be either two people, a husband and a wife, or four people, the parties and their attorneys involved in a divorce. Granted, it is virtually impossible to predict the outcome of a proceeding in a contested, adversarial process, when those factors are controlling the outcome.

What I am proposing, and the reason I can offer a Flat Fee Divorce, is because I have altered the essential equation. I am talking about a situation in which only three people are involved: (1) a husband, (2) a wife, and (3) a Neutral Attorney/Mediator who is negotiating and drafting a document congruent with an understanding arrived at by the parties, with the help of the divorce Mediator in which all the parties are in agreement.

Here at The Law Collaborative, we offer three Flat Fee Divorces Packages – $1,495, $3,495, and $5,495. Each is clear, precise, thorough, and accurate as to what is being offered. The Packages do not include the filing fee, which is currently $435.  Our most affordable package reflects the time it takes for a Paralegal to put together fully executed Agreement by the parties in which they have a complete agreement on Custody, Visitation, Support, allocation and apportionment of Assets and Debts. This does happen. However, it is infrequent. More likely there is going to be some conversations or discussions that may lead to two or three meetings. We call that the Mid-Range Flat Fee Divorce. Our high-End Flat Fee Divorce for $5,495 assumes there is going to be some difficulty, a few meetings, but the parties are willing to work together.

Working with this new set of assumptions, an Agreement can be reached within two to three meetings. If the parties are willing to accept the ultimate Mediator recommendations, it can go even faster. The reason this process works is that the Mediator works for neither party. The Mediator is a neutral who is facilitating and supporting an outcome. If anything, the neutral is representing the minor child or children.

This alters the equation in so basic and essential a manner, that it is possible to predict with some certainty the outcome. This is only possible, however, because the attorney, who is negotiating and drafting, is controlling the outcome subject the guidance, advice, and input of the parties. But the parties must accept their responsibility and participate in good faith. It cannot work unless the parties are willing to work. That is the key. The matter and the parties must be ripe. I have seen all too often the sad result where one or the other of the parties is not ready.

Lawyers must become proficient in assessing and addressing the parties in this crucial regard. Failure to do so can and will produce sorry results. Therein lies the challenge we all face. We must all become competent, skillful, experienced, knowledgeable, and masterful in the practice of our art. The law, after all, is an art, not a science.

Navigating a Mediation Career

To download a PDF of the flier to your computer, click here —> April mediation event flyer

The Law Collaborative Los Angeles is pleased to announce that Ronald Supancic, CFLS is speaking along with Myer Sankary, Esq., at the Mentor project event at Cal State Dominguez Hills on April 23, 2012 from 5-7:00 p.m. in Loker Student Union. It is vital to provide support and mentoring to up and coming peacemakers. Please mark your calendars and plan to attend. We look forward to seeing you there.

Helene Antel, Lawyer and Peacemaker – P.4

If you have been following along for the last three weeks, you are familiar with Helene Antel’s story. If you haven’t been following along, you should start now. Her story is incredible. A former criminal prosecutor district attorney, a ferocious advocate for her clients, and a victim of domestic violence. Listen to Part 1 here, Part 2 here, and Part 3 here.

This week Helene talks about what she learned from her life experiences and how they changed her attitude about the practice of law. She discovered that being kind, patient, thoughtful, and charming, made her a better, more effective lawyer. In her words:

“The long drawn out expensive divorce litigation is the perpetration of the anger, the fight. It’s that neither party is willing to move on; the fighting is just a way to maintain a connection. If you declare peace, then the relationship is really over. Without knowing it, many people are not ready to truly separate themselves from their partner so they connect through a long drawn out battle. But you can choose not to fight anymore. You can choose to learn how to mediate your conflicts or manage your conflicts and keep the family together.”

Listen now to the fourth and final interview with Helene Antel, lawyer and peacemaker.

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Non-Communication Can Cost You

This is a risk of “traditional” divorce that doesn’t come up often. Traditional divorce doesn’t teach you to communicate with your ex spouse, but rather to have an adversarial relationship, where non-communication becomes the norm. If you think that’s fine, think about the following situation, involving two parents, two sets of lawyers, and one wise old judge.

The custodial parent moves and enrolls their child in a new school, but fails to communicate the details with the other parent, who comes to believe that the child would be walking home along dangerous, busy streets and coming home to an empty house. That parent files a temporary restraining order to prohibit the enrollment. The truth is that the custodial parent had in fact taken all concerns into account, and the child was at no risk. The non-custodial parent based their fears on hearsay, and the restraining order had no merit – so, after reviewing the evidence and the custodial agreement, the judge threw it out.

But, and this is a big one, he didn’t grant attorney’s fees to the custodial parent. Why not? The restraining order had no merit, after all. The judge decided that court was a poor substitute for a simple conversation. In effect, he punished the custodial parent, who was acting within their rights, for not pro-actively communicating with the other parent. Mediation or collaborative divorce can help avoid expensive and wasteful litigation not just at the time of the divorce, but years down the road.

On October 18th, The Law Collaborative is offering Tips, Tricks & Strategies for Divorce, a seminar that will provide tools for moving a stuck case forward, how to communicate effectively with a former spouse, tricks for negotiating even when negotiation seems impossible, and more. The workshop is $25 in advance or $35 at the door. Licensed attorneys who attend will earn 1 MCLE credit. Anyone contemplating or going through a divorce is invited to attend.

Register online at www.thelawcollaborative.com or call us toll free at (888) 852-9961.

Honest, Blunt & Brilliant: “A” Stood for Alternative

Ron and Robert caught up with Attorney Leslie Ellen Shear at the Pepperdine Law School Consensual Dispute Resolution seminar in 2010. Leslie Ellen Shear is a graduate of UCLA Law School, a Board Certified Family Law Specialist, a Certified Appellate Law Specialist, and the author of numerous published opinions. Ron and Robert have known her for over twenty-five years and she is a deeply respected colleague. Honest, blunt, and brilliant, Leslie Ellen Shear is a true powerhouse.

In the first of this four-part series, Attorney Shear discusses the shift from Alternative Dispute Resolution (ADR) to Consensual Dispute Resolution (CDR), as well as the pros and cons of both CDR and the traditional adjudicative legal system.

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Subscribe to Ron and Robert on Divorce on iTunes and tune in next week for Honest, Blunt, and Brilliant: Child Development.

Learn more about Leslie Ellen Shear at CustodyMatters.com.

Zen and the Art of Handling Divorce

Photo courtesy of FreeFoto.com

One of our goals at The Law Collaborative is to support the professionals who assist families in crisis in creating and maintaining collaborative practices. We believe that the California Family Law system as it stands today is destructive and harmful to families in transition, and we work every day to make a difference.  That said, when we find other professionals in the U.S. who are working just as hard as we are to create a kinder, gentler way for families to reorganize in the face of divorce, we like to send them a little love.

Today we’d like to point you in the direction of Nanci Smith, a family law attorney in Vermont who advocates for Collaborative Law and Mediation. From an article by Mel Huff of the Times Argus Staff:

A former client characterizes her approach as “Zen,” although Smith says she wouldn’t call
it Zen with a capital Z. She explains what she does as “trying to help people get through the
divorce process, or civil union dissolution process, purposefully, mindfully and as humanely
as possible, given the circumstances.”

Sometimes, however, what people want is for their lawyer to be their gladiator or pit bull or
their shark. “That’s under-standable,” Smith says, “because divorce is so overwhelming. It’s
as if there’s a death in the family, except nobody is bringing food. It’s a great loss. There’s
sadness and anger and regret and fear. You have to work through all of those emotions to
get to acceptance, and hopefully, a sense of freedom at the end.”

If a couple can preserve some sense of decency, she says, they can move on “without
ruining their relationship with somebody they once loved.” Choosing the “warrior path,” on the other hand, can lead to a process that is “indecent and cruel and vicious.”

Read the full article here…

Mary Culbert’s ABCs of Mediation (Part 3 of 3)

Thanks to the new USA television show, Fairly Legal, mediation is getting a lot more attention than ever before. But how does it really work? In Part 3 of Mary Culbert’s ABCs of Mediation, Southern California’s own real life mediation guru takes listeners through a step-by-step guide to the mediation process.

Missed Parts 1 and 2?  Listen now:

Part 1: Mediation giant Mary Culbert discusses how her family history and a background in theatre paved the way to a career as a peacemaker.

Part 2: Every question you’ve ever had about mediation answered in a single podcast.

Don’t miss another episode! Subscribe to Ron and Robert on Divorce on iTunes.

Why We Collaborate (Part 1 of 5)

By Ty Supancic, Esquire

One of the primary goals of The Law Collaborative, LLP, is to become masters and innovators of Consensual Dispute Resolution techniques and practices. In order to develop and promote Consensual Dispute Resolution so that it may become the mainstream, we must change our vocabulary as well as our approach.

We purposefully use the term Consensual Dispute Resolution (CDR) instead of the more prevalent Alternative Dispute Resolution (ADR) because the word “alternative” is a pejorative. It suggests that ADR methods are secondary or tertiary choices to “regular” or traditional dispute resolution. “Regular” suggests mainstream, preferred, and superior. But anybody who has ever been involved in “regular” dispute resolution (litigation) can attest to the fact that, while it may be mainstream, it is not superior. Oftentimes both parties are worse off after participating in the traditional dispute resolution process, and the only people enriched are the lawyers.

Competent and ethical attorneys should always consider CDR methods and approaches first. Litigation should always be considered the last resort as it is usually the most expensive and least predictable avenue. We believe that in the near future, litigation will be considered the alternative dispute resolution method.

One of the most promising developments in the field of CDR is Collaborative Law, a specialized form of con-joint mediation involving two attorneys. This article is not intended as a primer on Collaborative Law; many far more eloquent practitioners have already provided these. For a short list, go to the Articles section of our website.

Nor is this article intended to persuade you that Collaborative Law is the way of the future. Do not bother reading further unless you believe that Collaborative Law holds great promise. If you need convincing, I would refer you to the case studies on our website, or those on the websites of any of our colleagues. The proof of the pudding is in the eating as they say. Instead, this article is intended to discuss and reflect on what can be done to improve our collaborative skills and instincts.

Read more…

Mary Culbert’s ABCs of Mediation (Part 2 of 3)

What’s the difference between community mediation programs and private mediators?  Are there different styles of mediation? What kinds of mediation are available?  When can mediation come in handy?  What kind of ethical duty do mediators have to make sure everyone gets a fair shake? How do you complete your case after you’ve made a mediated agreement? Are there ever situations when mediation is not a good idea?

Mary Culbert, Bilingual Certified Mediator, Associate Clinical Professor at Loyola Law School, and president of The Loyola Law School Center for Conflict Resolution answers every question you’ve ever had about mediation but were afraid to ask. (Special thanks to Ron and Robert on Divorce for asking the tough questions.)

Missed last week’s episode? Listen now:

Part 1: Mediation giant Mary Culbert discusses how her family history and a background in theatre paved the way to her career as a peacemaker.

Don’t miss another episode! Subscribe to Ron and Robert on Divorce on iTunes.