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E. Gary Smith
is a specially trained
family law mediator
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Mediation
When the parties are communicating effectively, and both want to resolve the issues involved in a divorce, mediation is a preferable and inexpensive alternative to adversarial representation. E. Gary Smith, senior partner at Smith, Smith, Blonska & Strunk, LLP, is a specially trained and experienced family-law mediator, having met the requirements of the California Dispute Resolution Programs Act. He can mediate all issues, as well as draw up the paper work after resolution has been reached.
Advantages to mediation are: First, the parties themselves work out the plan, rather than having a plan imposed on them by a judge. Such plans are more likely to be followed. Second, mediation removes the animosity often involved in reaching the final plan that is inherent in the adversarial process with lawyers fighting on either side. Third, mediation can save significant money in attorneys' fees. Smith, Smith, Blonska & Strunk, LLP, will mediate for $600 for a 2-hour session, plus the hourly cost of preparing any paper work. A single session is usually enough to resolve the issues, but even two four-hour sessions almost always cost less in fees than a litigated procedure.
MEDIATION RE: CHILDREN
If a court hearing is required on an issue of child custody or visitation, California law requires that the parents must first attend a mediation session. The mediation office is in the family law courthouse. Attorneys are not allowed to attend mediation unless required by the mediator, which is rare. Please be sure to allow sufficient time to arrive promptly for your mediation appointment. If the parties are late, the mediation appointment is often canceled and the court hearing must be postponed.
Mediators are trained mental health professionals who generally work hard to help parents develop their own plan for sharing time with the children. Be prepared for mediation by knowing what custody schedule you believe is right for your family, but be willing to listen to the other side. Agree to a schedule only if you are willing to follow it.
If no agreement is reached, the mediators usually do not make any recommendations to the judge. Whatever you say in mediation is confidential and cannot be used at court, with a limited exception for unsafe situations for the children.
Mediation can be a tremendous, free service. A satisfactory agreement reached in mediation can save you considerable money over court wrangling and can help the family heal from the divorce. Agreements reached in mediation must be formalized by court order to be binding.
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