• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu

Posts

3 requirements for a successful mediation

March 7, 2016/in Family Law /by David Patton

Mediation allows parties to work in a collaborative environment and reach an agreement satisfying to both sides. The enclosed article suggests mediation as a first step in solving problems and reaching voluntary agreements. Instead of using mediation as a last resort, the article recommends using it as the first step to work out solutions. In particular, using mediation, a less formal alternative than court, makes it less likely that parties will react defensively or overstate their claims. Although the article discusses mediation in a business context, the following three suggested requirements for a successful mediation also serve well in divorce mediation:

(1) a willingness on the part of all the relevant parties to work together to resolve the problem or deal with the situation;

(2) the availability of a trusted “neutral” with sufficient knowledge and skill to manage difficult conversations; and

(3) an agreement on procedural ground rules (i.e., confidentiality, timetable, agenda, good faith effort, etc.)

While divorce mediation works in many situations, it is not always appropriate. Litigation is often the best option in situations where there is domestic violence, one party refuses to cooperate in making required disclosures, or communication between the parties is impossible. If you have any questions about divorce mediation and would like to speak to an attorney, please contact Lonich Patton Ehrlich Policastri for further information.  Keep in mind that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

 

Source:

http://www.pon.harvard.edu/daily/mediation/mediation-as-problem-solving/?mqsc=W3827538&utm_source=WhatCountsEmail&utm_medium=PON%20Harvard+Neg%20Insider%20%28Tuesday/Thursday%29%20Standard%20Rule+Neg%20Insider%20%28Tuesday/Thursday%29%20Standard%20Rule&utm_campaign=Neg_WIR_02272016

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2016-03-07 11:06:522021-12-22 20:19:273 requirements for a successful mediation

Mediation: Because Litigation Isn’t Always The Answer

April 2, 2014/in Family Law /by Gretchen Boger

Divorce is rarely fun. Nevertheless, divorce and painful litigation don’t always go hand-in-hand. For many couples, divorce mediation could be the best way to dissolve your marriage, protect your children, and maintain a mature relationship with your spouse.

In family law mediation, a neutral mediator works with a divorcing couple to creatively reach an agreement on some or all of the issues in their divorce. Experienced family law mediators are typically attorneys that understand the legal landscape. A well-versed mediator can help you and your spouse reach a settlement on all aspects of your marriage—financial distribution, child custody, and even child and spousal support.

The mediator does not represent either spouse, but is instead an unbiased facilitator who uses unique strategies that will result in an agreement that meets the needs of both parties. Once all of the issues are covered, the mediator will help the parties create a marital settlement agreement to memorialize their arrangement. At this stage, each party should consult their own attorney to ensure that the agreement is fair and in each party’s best interest. Finally, the agreement is sent to the family court where the agreement will be signed off as an enforceable court order.

Here are just a few reasons why you and your spouse should consider mediating your divorce:

  • The non-adversarial aspect of mediation can help your and your ex maintain a better, more mature relationship.
  • Mediation will allow you to keep your “dirty laundry” private, while family law litigation requires parties to discuss their personal issues on the public record.
  • Because mediation doesn’t require several filings, voluminous court costs, or extensive attorney’s fees, you may be able to reduce your expenses.
  • Mediation can be much easier on children than family law litigation.
  • You and your spouse are in charge of the results of your divorce instead of a family law judge.
  • Mediation may enable you and your spouse to reach an agreement much faster than in typical litigation.

Remember, divorce does not have to involve litigation. At Lonich Patton Ehrlich Policastri, we provide divorce mediation services to clients throughout the Silicon Valley. Michael E. Lonich facilitates all family law mediations handled by the firm, and he is widely regarded as one of Silicon Valley’s most effective mediators.  Michael works closely with parties to help them shape the decisions that will be drafted into the marital settlement agreement. In addition to handling divorce mediations, he has extensive experience in handling business law litigation. He draws on his business background when mediating divorce matters for business owners, executives, foreign nationals and their spouses.

Please note that family law mediation is not recommended for couples with domestic violence issues. If you have any questions about divorce mediation, or divorce in general, and would like to speak to an attorney, please contact Lonich Patton Ehrlich Policastri for a free initial consultation. Our attorneys can be reached by phone at (408) 553-0801 or through the intake form on our Contact Us page.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2014-04-02 10:10:062021-12-22 20:59:27Mediation: Because Litigation Isn’t Always The Answer

Settling Your Divorce Amicably

August 2, 2012/in Family Law /by Gina Policastri

Part Three of a blogging series covering the Cruise and Holmes divorce.

Statements issued by Tom Cruise and Katie Holmes confirm that they have settled their divorce amicably. Cruise and Holmes had a prenup, which allegedly provided that Holmes could be awarded up to $3 million for each year of marriage. The prenup was not all-inclusive of their rights and obligations, however, as it likely did not account for their daughter, Suri. What does a divorce settlement entail?

Through a marital settlement agreement (MSA), parties seeking a legal separation, dissolution or judgment of nullity attempt to resolve their contested disputes and claims. An MSA typically addresses the characterization of assets, payment of child support and spousal support, child custody and visitation, attorney fees and costs, and other rights and obligations.  Usually, an MSA is incorporated into a judgment of dissolution, and the rights and obligations of the ex-spouses are governed by the terms of the final judgment.

Mediation is an efficient, collaborative, and amicable way to create an MSA. Managing Partner Michael E. Lonich is a highly experienced litigator who specializes in mediating divorces and complex family issues. Spouses can utilize mediation whether represented by an attorney or not, and it can be a cost and time effective alternative to advocate based litigation. By amicably and collaboratively reaching a divorce settlement, Cruise and Holmes were able to determine their rights and obligations without excessive court intervention.

If you find yourself on either side of a divorce or are interested in our mediation services, contact the Family Law group at Lonich & Patton for further information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2012-08-02 12:38:422021-12-22 21:28:40Settling Your Divorce Amicably
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

0 + 6 = ?

Link to: Contact Us

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2023 Copyright Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

Scroll to top

LPEP COVID-19 Office Protocol