Mediation/Collaborative Law     “Our task now is not to fix the blame for the past…but to fix the course for the future.” – John F. Kennedy Mediation Mediation is a tool used to resolve issues in a non-adversarial way without court intervention.  In mediation you the parties control the outcome of your controversy. Mediation is based on principles of problem solving that focus on the needs and interests of the participants; fairness; privacy; self determination; and the best interests of the family members.  Conflict pursuant to a divorce does not have to end in costly litigation.  The parties are the primary focus in mediation. You obviously still have to deal with the pain and sense of loss but mediation focuses on the future and not on the past. Dwelling on and recounting past failures serves to keep the pain and disappointment in the forefront of the participants’ mind and fuels the need to be heard and for perceived wrongs to be made right. Mediation focuses on the future and where we go from here. Litigation by virtue of its adversarial nature looks to failures and history to fashion orders for the future where the parties cannot agree.  An experienced mediator attorney will assist the parties as they try to put the past behind them and reach agreements. Mediation is now recognized and encouraged by the legislature and the courts as an Alternative Dispute Resolution (ADR) process which is highly effective in family law.  In fact the Sacramento County Family Law Courts have stated: "The court recommends mediation as an alternative to litigation in every family law case. Mediation promotes cooperation and gives parties the opportunity to control the decisions that affect their lives." Mediation should be approached from the premise that there are no "winners" or "losers" per se.  Instead it should be viewed as a process of "give" and "take".  The process of mediation is mutual and participants should come out of it with a settlement that is acceptable to both of them. Parties select mediation primarily because it is more cost effective and a less disruptive method of reaching resolution. Parties express the desire to achieve their own sense of fairness, to have an environment not pressured by the stress of litigation to find creative personalized solutions to their problems. Participants state that they feel they are active participants in the final outcome of their divorce and that they finish the process understanding the mechanics of the negotiation and compromise. Mediation assists the parties in opening the channels of communication for the future and focuses on the need of the parties to move on with their lives. What is the role of the Mediator? The work of a mediator is to facilitate the negotiation of the parties.  An experienced and effective mediator will guide the communication process between the mediating parties so that each has an opportunity to be heard. Although a licensed attorney, the mediator does not represent either participant.  The mediator acts as a bridge between the parties.  The mediator will attempt to create an atmosphere where both parties feel free to share their views on the issues.  The mediator will help the participants identify the issues. The mediator will direct the parties as to what information should be available to the parties so that they can make an informed decision. The mediator will maintain the confidentiality of the process, stay neutral and encourage the parties to rely upon their own sense of fairness and justice. The mediator will provide the procedural and legal framework to appropriately address the  issues presented by the parties, however, the participants do not need to feel constricted by the law, but should know the law pertaining to their issues so that they can make intelligent and informed decisions. The Mediator, Ms. Awoniyi, is a licensed California Attorney, whose primary area of practice is Family Law.  Ms. Awoniyi sees the clients as being the decision makers and is pleased to see them take charge over their own destiny. How do we begin the mediation process? The starting point is a willingness to sit down with a mediator and a commitment to working out an agreement that is fair to all concerned. Mediation can start at any time thereafter, whether the parties have not yet separated, or whether one or both parties still have an attorney, or used to have an attorney. Agreeing to participate in mediation does not mean you cannot continue to retain the services of an attorney to advise you in connection with agreements you reach in mediation. You can mediate any controversy; you do not need to be going through a separation or a divorce. You may be a couple who were never married but lived together and acquired property or had children together, the issues you face upon separation can be appropriately addressed in mediation. Many of our client’s return to us months or years after we have completed their separation or divorce agreement to address new issues that may arise as to parenting or support modifications. Although there is a new controversy these parties are committed to not going to court but reach out for the assistance of a mediator to resolve their issue. How long does mediation take? A lot depends on the parties and the issues involved. Parties with relatively few issues may be able to resolve all the issues in two (2) to six (6), two hour mediation sessions.  More complex issues may require six (6) to twelve (12) two hour mediation sessions. The scheduling of mediation appointments is flexible, generally one appointment every two weeks to three weeks. What is the cost of Mediation? Quite unlike litigation when both parties have to pay an attorney a "retainer", mediation works on a "pay as you go basis".  The participants are charged the mediator's hourly rate for their mediation session.  A deposit or retainer is paid in advance, however, this deposit is maintained in a trust account to cover anticipated work the mediator may have to do in between sessions such as drafting interim agreements, completing forms for filing with the court, or drafting the final agreement and making arrangements for filing with the court. This trust balance may also be used to pay for client costs such as filing fees. Typically, client’s pay for their mediation session at the end of the meeting and replenish their retainer amount to the extent it has been used for work in between sessions. Client’s who pay their account in this manner receive their full retainer balance at the end of the mediation process. Who prepares all the paperwork for filing? The mediator will prepare all the initial and final documents required for initiating the dissolution or formal separation process, in addition to preparing the final Judgment papers and the formal agreement.  Support staff will complete some of the interim documents and agreements which will reduce the overall cost to the client. Collaborative Law The Collaborative approach to resolving family law issues begins with a commitment by both spouses not to take their controversy to court. The parties agree at the outset to negotiate agreements voluntarily which are best for them. The process is similar to mediation in that it looks to the future, it is private and the parties are the focus of the process. The professionals are there to help the parties reach the best possible arrangement for their family.  Similar to a mediator attorney a collaborative attorney divests themselves of an investment in the outcome, this basically means the attorney does not become invested in any particular outcome but allows the parties to solve their own problems how they see best. However, unlike mediation where the parties hire one mediator attorney as a facilitator in collaborative negotiation the parties each hire an attorney who is likewise committed to assisting the parties resolve their differences without going to court. At the outset of the collaborative process the parties sign an agreement that they will not go to court to resolve their controversy. In the event that the parties do not reach final agreements in collaborative negotiation neither party may thereafter retain their collaborative attorney for litigation purposes. Each party would have to secure new representation. The collaborative approach to family controversy relies on confidential meetings between the parties and their respective attorneys. These are sometimes called “four-way” meetings. During these meetings the parties discuss the terms of their controversy with the assistance of their attorneys and try to resolve their differences and determine a reasonable outcome. Other specialists such as accountants, mental health professionals, child specialists and real estate appraisers may be available for consultation in collaboration with the parties and attorneys in order to comprehensively provide information that would facilitate resolution. Collaborative attorneys are trained in problem solving techniques dealing with both parties and when another attorney is involved. The training is intensive and powerful and equips the collaborative attorney with the skills needed to effectively assist the parties in staying out of court and coming to an acceptable agreement.  The collaborative process is client focused and less traumatic for the parties involved and while both parties have attorney’s the cost is less than a conventional litigated divorce and not much more expensive than a mediated divorce.