Our office facilitates resolutions in a variety of disputes. These
controversies may be 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 a written statement of your position.
This helps the mediator to understand the controversy from your
standpoint. 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 split between 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.
