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Hello, my name is Keith Dysart and I am a family law attorney and mediator in Santa Cruz California. One of my primary goals when helping a client is to minimize the stress and cost associated with their divorce. Considering alternatives such as mediation is essential if I am to meet that goal.

I'd like take a minute and talk about mediation, why it has become so accepted the last few years, and understand the benefits and challenges of it.

So why mediation has become so common in divorce cases?
There is a few reasons.

First Reason: In most cases, litigation just fuels the fighting while doing little to alter the final outcome. It is not that all cases are the same, but the court has seen so many divorces it is unlikely your issues very similar to yours have already been decided. A mediator or attorney can help you understand the law and find an outcome that is fair to everyone.

Second Reason. The court system continues to be overworked and underfunded. An unending caseload coupled with budget cuts has left judges with less time to resolve cases. In many cases mediation can provide a more personal and cost effective way to resolve your divorce.

What are some benefits of mediation?
Some of the benefits of mediation may include:
1. a more comfortable and convenient environment.
2. a more personal result and
3. a more cost- effective approach
First:
The court does not create the most inviting atmosphere. Standing in front of a room full of strangers with a judge asking you questions is unnerving. I am not saying mediation is easy, but sitting down in a private room with just you, your spouse and a mediator is much more comforting.

In addition scheduling is much more flexible with mediation. Trying to find a court date at 8:30 am morning that works for you, your spouse, both attorneys and the court can slow down the process. Many mediators will even go as far as scheduling sessions on weekends or evenings if necessary.

Second:
Mediation allows you to be creative and find a result that works for you and your family. The courts try hard to give everybody a fair result, but with the limited time they have they cannot understand your family as well as you. Your day to day knowledge of the people and relationships that make up your family can help find creative solutions that take into account your families specific needs.

Last:
Mediation tends to be much less expensive. It is important to realize that mediation does not lessen the workload. It takes the workload that your attorney and the court would be handling and shifts much of that work to you. A mediator's role in this is to help you handle this workload by providing you with the legal background you need. In addition a mediator will help you deal with formalities and paperwork of your divorce.

So what challenges come with mediation?

The primary challenge of mediation is managing discussions about difficult issues between people who probably do not like each other too much at the moment. This is part of what a mediator brings to the table. The mediator should be able to direct discussions by keeping everybody focused and limiting, blame, accusations and insults. These are not always easy things and require many judgment calls on the part of the mediator, but it should be little more than a bump in the road as long as both parties are open to finding a settlement.

Close
Mediation may not be perfect for every case, but I do believe that it should always be considered before moving on to more hostile and expensive methods.

Flyers

So this has been something I have been tinkering with. The space I rent my office in has 100 or so tenants and the landlord offered to allow to place a flyer in the monthly circulation. My wife did an incredible job getting together a beautiful flyer. All in the same colors as our business card and website. She really has done a great job making sure we have a very consistent professional scheme.

So the flyer went out over the weekend. I am really not expecting much from it, but it is good to introduce ourselves. I actually received call from 3 2other tenants and an e-mail from a third within the first 2 days. Another attorney called and let me know she would pop in to say hello sometime during the week. AN insurance agent called to say hello and a family law therapist sent me a great e-mail. So I will make a point of meeting all three and creating the connection.

In addition we had a number of extra flyers printed up and we will start posting them anywheres and everywhere we can. There are boards all over to post them and a few business cards to. I also got the advice from a family member to print up cheap black and white flyers for mass passing out. He actually hired an attorney for his divorce from a flyer left on his car. I think I will try this, and once I get a pamphlet put together start leaving those.

As an attorney I am trying to find creative ways to make sure people know that I exist. I need to make sure whatever I do has enough of a lasting affect that 2-6 months from now people still remember my advertisement. It is a fickle system relying on selling a service that is only needed at specific times. No impulse purchases on attorneys so I am working to make sure whatever I do is rememberable.