"Family Law Mediation is when the parties are assisted in their negotiations by a neutral family law attorney sitting as the parties' mediator. Other than the court-required documents, all negotiations and information remain private and confidential. Typically, assuming a full resolution, the parties do not even need to step foot into court." Bryan Ginter, Mediator
Do you want to handle your family law issue or divorce out of court? Do you want to have a low cost and fast divorce? If so, family law mediation may be your answer. Bryan Ginter is your area's best divorce and family law mediator, and Mr. Ginter has extensive mediation training, skills, expertise and experience to help ensure a successful mediation. We offer divorce mediation, legal separation mediation, child custody mediation, child support mediation, spousal support mediation, and much more.
Mr. Ginter is a trained and practicing family law attorney mediator and he has an extensive background in mediation. Mr. Ginter conducts confidential mediation for all family law issues in a private setting, including, but not limited to, divorce, legal separation and support modifications. Mr. Ginter's committment to the mediation process is evidenced by his involvement as a member and the co vice-chair of the Sacramento Pro Bono Mediation Group from 2008 to 2012.
The strict definition of mediation is "assisted negotiations." Although Mr. Ginter is an attorney, when Mr. Ginter is acting as a mediator, he does not represent either party as an attorney of record. Rather, a family law attorney mediator is a neutral facilitator that provides help to both parties in two broad facets:
Procedural Assistance: The parties are guided through the relevant procedure to ensure that they comply with California law, such as being informed of relevant timelines, we inform you as to what documents must be filed with the court, we assist and help prepare the forms, we file and retrieve documents from the court and we handle the delivering of documents to the appropriate persons.
Substantive Assistance: The parties are guided through all the facets of their matter where the mediator provides ideas and thoughts for creative and effective agreements, informs the parties of the law to help them make decisions (called the "shadow of the law") and helps to preserve dignity and respect for both parties by providing a balanced and comfortable atmosphere in which to speak.
Mediation has many attractive qualities. Here are a few for thought:
Great Potential for Lower Costs: In litigation, oftentimes the parties each hire, and pay for, their own attorney. What's more, depending on the financial circumstances of the parties, one party may actually end up paying for some of the other party's attorney's fees! If there are any court appearances, fees and costs rise drastically. A trial alone can easily cost thousands, if not tens of thousands, of dollars. On the other hand, in mediation, oftentimes the parties will have only one set of attorney's fees to pay for—the mediator—and these fees are typically shared by both parties. Additionally, there are no expensive court hearings, assuming the parties settle on all issues.
Privacy & Confidentiality: In litigation, if a court hearing is necessary, the court sessions are "open," which means anyone...including the press...can attend a court hearing. If the parties have minor children and cannot agree on custody and parenting issues, the parties must attend mandated, typically non-confidential, "custody mediation" where that mediator could make recommendations against either parent's wishes as to what he or she feels is in the children's best interest. On the other hand, in private confidential "family law mediation," other than the documents that must be filed with the court by law, the parties' negotiations and their matter remains private and out of the public eye. In private and confidential "family law mediation," unlike "custody mediation" oftentimes done through the court system, the parties, not a mediator, decide what is in their children's best interest. Mediation is a great way to keep your family matters private.
Control Over Outcome: In mediation, with only a few exceptions, almost anything the parties agree to will be approved by the court. Again, with few exceptions, the parties can even agree as to whether they will strictly follow the law or whether they feel a deviation from a strict application of the law would better suit their needs and/or the family needs.
Positive Aura: Unlike litigation, where the objective is oftentimes to "win" and the other party is to lose, the atmosphere in mediation is a positive environment that fosters a "win/win" mentality, which benefits both parties and, if applicable, any children to the relationship.
Creative Solutions: Much conflict exists where one or both parties have a fear of the unknown, ignorance regarding possibilities or a misconception of the law. Over time, in both adversarial and non-adversarial forums, Mr. Ginter has a vast amount of experience in suggesting solutions and options for the parties to consider. Oftentimes, the hearing of options that the parties had not previously considered helps to promote settlement. Possibilities and solutions are limited only by the parties' minds. Therefore, the old adage of "where there is a will, there is a way" cannot be overemphasized in resolving differences in a non-adversarial manner.
Reduced Emotional Conflict: It is no surprise that, where the parties approach their differences in a positive and creative atmosphere, negative emotions are tamed. In all-too-important issues in family law, it is crucial that negative emotions are controlled. Logic and negative emotions are akin to oil and water...they don't mix. So if emotions are high, logic tends to go out the window; likewise, when negative emotions are controlled, the parties can typically focus on, and be open to, positive resolution to a much greater degree.
Flexible Presence: While it is not recommended or preferred, if it is necessary, Mr. Ginter will conduct a mediation session with one of the party's attending by phone. This may be appropriate where one party has already moved out of the state or the county, or where travel is an every day part of one's job.
Our initial mediation consultations are FREE, which are done by web meeting or teleconference with both parties present. During the initial consultation, we do not discuss your case in any detail. Instead, the initial mediation consultation is a comfortable time for you and the other party to meet Mr. Ginter together, to hear what process options you each have to resolve your family law case, and to hear how mediation is practiced as Ginter Family Law. If the parties choose to meet in person for the initial mediation consultation, there is a fee for this...call for details.
Additionally, the mediation sessions can be conducted by web meeting!! Let's say you and the other party are in different counties. Or let's say one of you travels a lot for work. No problem!! Wtih web meetings you can meet in a virtual meeting space over the internet with video, just as if everyone was meeting in the same room. All you need is access to the internet and a device such as a smart phone, a tablet or a computer. Documents can even be reviewed together. At Ginter Family Law, we bring a new level of client convenience to obtaining a mediated divorce, a mediated legal separation and any other family law mediated issue.