Mediation as an Alternative method of Dispute Resolution
Parties facing the breakdown of their marriage have options. The parties can submit the issues to a judge for decision which is litigation. Litigation frequently requires compliance with various rules, codes, statutes and case authorities which creates an expensive and time consuming endeavor. Litigation is conducted in the open public court room and the written claims and arguments are filed in publicly available court files. As an ever increasingly popular alternative parties are seeking to resolve their disputes through confidential mediation.
Mediation Process
During the mediation process, the couple sits down with a trained mediator and in a confidential setting cordially discusses the issues at hand. The mediator is a neutral party and is there to facilitate the discussion between spouses. The mediation process is intended to assist couples in expediently and economically coming to a voluntary settlement instead of having a third party – a Judge – decide the terms of the divorce. In California the mediation process is confidential.
Mediator’s Role
A skilled and effective mediator is objective, independent and listens to the parties. The parties control the outcome. The mediator guides the discussion and assists in finding workable solutions for the parties to consider. As your mediator, my goal is to create an environment that is conducive to effective honest communication and to convey each parties’ views in a way that they will be heard and considered. My job is to create opportunities for the parties to look at various options for them to be able to make a final well considered decision. The accessible and confidential nature of mediation also ensures parties avoid excessive costs, stress and adverse publicity generated in the public court system. The parties are able to get closure and, most importantly, certainty as to the outcome.
Description of Practice
Daniel V. Burke has been successfully practicing family law and mediating family law issues for decades. With extensive experience he has the ability to assist husbands and wives arrive at agreements which enable them to chart the course of their future. Finding mutually acceptable resolution to support, property, business ownership and child custody and parenting time issues is the goal sought and usually achieved.
Professional Background
Attorney and Counselor at Law since 1977; Certified Legal Specialist – Family Law, certified by the California State Board of Specialization, since 1991; Mr. Burke is a Fellow of the American Academy of Matrimonial Lawyers. Mr. Burke has also served as a Judge Pro Tem of the San Diego County Superior Court since 1986. Mr. Burke has lectured extensively throughout the state of California on a wide variety of family law matters for many organizations, and has also written extensively on family law matters. Daniel V. Burke will devote his 30+ years of skill, experience and expertise and the resources of a sophisticated and dedicated office to assist you.
Experience
Daniel V Burke has assisted parties in resolving divorce cases with nominal assets as well as parties with tens of millions of dollars of assets. He has assisted parents in arriving at parenting plans serving their children’s best interest and avoiding the stress and anxiety associated with child custody litigation. Because he is a litigator he understands the value of finding appropriate resolution without the costs, delays and difficulties of formal litigation and has been an active mediator for over 20 years.
Approach
Burke believes in full disclosure and informed and balanced compromise. He guides the participants toward resolution consistent with their needs, goals and the relevant legal concepts and principles. A successful resolution is usually a compromise solution where the parties are equally dissatisfied with the result. Experience teaches that due to the division of limited assets and income in a divorce proceeding, rarely is either party elated with the result.
Fees
An hourly rate is charged and paid at the end of each session for the time actually expended.
Contact an Experienced Carlsbad and North County San Diego Mediator
If you are looking for an experienced and proven Carlsbad and North County mediator to resolve your divorce or family law related dispute, we invite you contact us or call 760-712-3741 to schedule an appointment with Mr. Burke.