THE POWER OF SCHEDULING MEDIATION WITH ATTORNEY, GORDON N. SHAYNE
Attorney Gordon N. Shayne is available to serve as your Mediator in all Family Law Cases.
Mediation is an extremely Effective and Powerful Tool that brings parties together to avoid costly lawyer fees and court expenses. When Mediation is conducted with Gordon N. Shayne, Both Parties will benefit from Gordon’s vast Experience, Knowledge, Courtroom Trial History and Reputation as a Lawyer for over 40 years. His tireless efforts representing clients in all types of Family Law Matters has proved to be highly successful with positive outcomes.
In Divorces and Child Custody cases, the selection of a Highly Qualified Mediator, such as Gordon N. Shayne, will maximize the parties’ efforts to reach amicable agreements that the parties’ themselves control. A very high percentage of mediated Family Law, Divorce and Child Custody cases are resolved amicably every year.
By Choosing Gordon N. Shayne to conduct your Family Law Mediation, you will learn that very few Mediators possess the kind of skills and knowledge that Gordon will bring to your Mediation.
- What is Mediation? Most Colorado Courts require parties to attend Mediation prior to appearing before a Court for any kind of contested hearing. While Court hearings are “public matters,” presided over by a judge, Mediations are not presided over by a judge and occur in a private setting. All Mediators are “Neutral.” This means that when Mediation is conducted, the Mediator does not argue for or against either party or advocate for or against any particular position. Neutral Mediators participate in the Mediation by assisting the parties during meaningful discussions so that they can potentially reach agreements. If the parties are not able to reach agreements with the help of the Mediator, the Court will then have the final say on the outcome of the parties’ disputes.
- What should I expect during Mediation? Mediation requires the participants to exchange information and communicate their individual thoughts and ideas regarding the disputes involved in their case. Attorney Gordon N. Shayne holds Mediations in his law office, which is a comfortable and relaxed setting. Both parties should expect that the Mediator will want to learn from the parties what kinds of disputes exist and what are the goals of each party. Being able to resolve disputes by compromising and reaching agreements is the ultimate goal of all Family Law Mediations. When parties cooperate with one another in reaching agreements during Mediation, real-time disputes are resolved through a system of give and take to meet the challenges that both parties wish to meet. This gives the parties, themselves, full control during all phases of the Mediation process. The range of discussions in Mediation will concern everything from financial property and debt issues, alimony/spousal support, Parenting Plans, child support and any other issues that need to be resolved. You should expect that the Sworn Financial Statements of both parties will need to be included in the Mediation discussions.
- Is it Necessary that I have a Lawyer with Me during Mediation? It is NOT necessary that either party have a lawyer present with them during Mediation, although the parties are encouraged to seek independent legal advice beforehand. The development of a framework for reaching an agreement does not require that parties bring lawyers to Mediation, and in fact, Gordon has conducted a significant number of Mediations whereby neither party has had a lawyer involved.
- What is the Role of the Mediator? The Mediator’s Role is to assist the Parties in an Unbiased Neutral Manner. A “NEUTRAL MEDIATOR” will not provide the parties with legal advice. Gordon will not take sides in the Mediation, as he will not make judgments favoring one side over the other. You should expect that Gordon would be involved in all aspects of the discussions during the Mediation to help each party understand what is at stake and the reasons for the parties’ positions. Mediators are trained to engage both parties in discussions that lead to agreements. It is the right of the parties to decide whether they want to avoid having a judge hear their case and settle their disputes, “OUT OF COURT.” Because Gordon has an extensive history as a trial lawyer representing Family Law clients, he can bring that experience into the Mediation process by sharing with the parties his insight as to possible outcomes should a judge have to decide their dispute.
- What Makes Mediation So Powerful? The POWER OF MEDIATION is found in the process itself where the Parties, NOT the Judge, determine what the outcome will be. During Mediations, the parties control the flow of information and communicate their concerns, hopes and goals. Whether the parties are trying to put together a realistic Parenting Plan or a full Separation Agreement that details how property and debts are to be divided, Mediations are a proven method for reaching such agreements in the area of Domestic Relations and Family Law. All parties who are involved in disputed Family Law matters possess the power to avoid court hearings and reach agreements.
- How can a Mediator Assist Us with an Agreement? As a Licensed Colorado Lawyer and Member of the Colorado Bar and Family Law Section Member, Gordon can prepare a Mediated Separation Agreement or Memorandum of Understanding that specifically describes the parties’ agreements. In many situations, these kinds of agreements allow parties to totally avoid having to appear in court. By engaging in Mediation with Gordon, he will listen to both parties’ positions and discuss with each, the pros and cons of what is at stake. Although every case is different, the Goals of Reaching a Full Settlement will always outweigh the Uncertainty of having a judge decide the outcome of the disputes.
- What kinds of Family Law Cases are Acceptable for Mediation? Here is a list of some of the most common Family Law Cases that have been successfully Mediated:
- Divorces and Legal Separations With or Without Minor Children
- Child Custody and Parenting Plans
- Property or Asset Disputes Involving Real Estate, Business Interests, Retirement Accounts, Etc.
- Military Retirements, Pensions, 401k
- Spousal Maintenance/Alimony and Child Support
- Post Decree Modification Motions Regarding Parenting Plans and Visitation or Other Issues
- Contempt of Court or Enforcement Issues Related to Court Orders
- How Can I Prepare for Mediation? The best way to prepare for Mediation is to prepare a list and identify the Existing Disputes in your Case and to define your Goals or Objectives. You can do that by preparing a written Agenda with examples of what you have experienced in your case and how you believe your goals are “fair” and present a realistic description of outcomes that are achievable. In a parenting dispute, you should prepare for Mediation by describing the kind of outcomes you want with explanations for those outcomes or goals.
In Summary, the development of “Alternative Dispute Resolution,” Also Known As, “Mediation” has been a major move in the right direction in the Family Courts. By giving the control to the parties and away from the judges, parties are more likely to follow and like their agreements than the arbitrary rulings someone can expect that a judge will make.
Mediation is recognized by countless experts, judges and behavioral scientists, as one of the best ways for parties to settle their disputes in a civilized manner. By working hard to achieve results that both parties can live with, the Mediation process avoids all of the trappings of having a judge determine the outcome of their disputes. Mediation Settlements also avoid the hassles associated with having to attend one or more hearings before the judge which impacts your time away from family/employment, security at the court house, mounting legal/lawyer fees and court costs just to name a few.