inter-business between an employer and employee; involve another business; or our
services may be utilize to resolve either family law disputes, or litigation. Consider the
facts of your situation and determine if this process will work for you.
What Is Mediation?
Mediation is a non-adversarial process intended to resolve disputes more quickly and less
costly than litigation. It also provides privacy, and avoids publicly revealing one's
personal issues. Unlike court, proceedings are private.
The mediation process provides a party with the opportunity to offer settlement positions
without the posturing typically present in traditional negotiations.
The goal is to reach a settlement acceptable to all parties. Mediation avoids the risks
associated with court decisions. Court decisions are often 'unfair' to a disputant because it
is forced and detached.
Why Mediate A Family Law Case?
Judges prefer that their decisions be final. They do not favor rehearing an issue ad
infinitum. It happens. But because mediation can forge an acceptable solution to divorce
issues, domestic relations cases are well-suited to this methodology.
In mediation, a couple develops their agreement cooperatively, thus additional hearings
on the same issues are unnecessary.
Can Children Benefit From Mediation?
Certainly. Mediation is very beneficial to the children of divorcing parents because
parents work together to resolve parenting issues, leaving the children out of the middle.
Research has shown that ongoing conflict by divorcing parents negatively impact
children. It is psychologically damaging on children, to their detriment.
Ongoing conflict regarding visitation, support and parental access can be resolved in
mediation prior to seeking the assistance of the court.
Can Other Litigation Be Mediation?
Court cases can be stressful and expensive. An out of court settlement alleviates both
situations.
How Does Mediation Work?
You will meet together and also separately with the mediator to work out the issues in
dispute. The mediator helps to identify the issues and guide you through the process.
The decision-making process may take a few hours or a few days. Seldom will the process
drag in for years (like court). The purpose of mediation is to forge an agreement
acceptable to the parties.
At the end, the mediator will draft a memorandum of understanding for your review. The
agreement has the effect of a contract.
What Are The Steps Involved?
First, the process is explained and you are mailed a packet of intake forms. The forms
allow you to gather relevant information to bring clarity to the issues. You may also
submit written statements explaining your position.
The mediator is greatly helped by this. Still, discussion and exchange will be employed
to resolve the controversy.
How Can 'Affirmative Solution' Help You?
As stated, our office deals with myriad issues. Our staff is versatile
and focuses on the following issues:
* Probate and estate settlements;
* Neighborhood disputes;
* Employment/ Workplace Issues (including discrimination
and sexual harassment).
* Litigation (before litigation and settlement proposals).
* Contract obligations;
* Parenting arrangements and legal custody.
* Child support;
* Division of community property;
* Spousal Support;
* Landlord-tenant matters;
* Real Estate Issues.
How Long Does Mediation Take?
Mediation varies in length depending on the complexity of the issues and desire of the
parties to resolve the dispute. Mediation sessions may be last a portion of one day or
weeks.
What If I Have An Attorney?
People seeking mediation are often represented by an attorney. Mediation is not a
substitute for the services of an attorney, but merely a common sense means to resolve a
dispute. Some mediators are lawyers, while others are not. A mediator is a neutral and
will not represent a person or give legal advice. During mediation you will be encouraged
to consult with your attorney; however your attorney will act as your advisor and will not
run the session. While the decisions in mediation are made by you, your lawyer should
be informed decisions.
If your attorney does not agree with the mediation settlement, you should determine what
is your best resolution. Remember -- you own the process.
If you are unrepresented and you feel you need one, you are encouraged to hire an
attorney.
What Does It Cost?
Bernard McNealy of Affirmative Solution Mediation charges $250 per hour. The fee is
shared by both parties. Initially, we set aside three (3) hours for a session, and payment
must be made in advanced. There is no fee for telephone calls.
A non-refundable administrative fee of $200 is charged for each mediation.
For long term consultation regarding discrimination and a variety of employment issues,
our fee is $2500, paid by retainer. There may be an hourly fee for follow-up consultation.
How Do I Schedule An Appointment?
Please call us at (818) 668-8989 to schedule an appointment, or if you would like more
information.
Bernard Alexander McNealy, Mediator
Affirmative Solution Mediation
18455 Burbank Blvd., Ste. 201
(818) 688-8989
You may also contact us at bmcnealy@aol.com
The material in this website was written and copyrighted (c) by Bernard Alexander McNealy and Positive Solution
Mediation. No portion may be used or reproduced without expressed permission of the owner of this website.
