PASADENA, CA--(Marketwired - Sep 29, 2015) - Family Mediator Mark Baer, a Pasadena family law attorney, says litigation-centered family law cases, including divorce, child custody and spousal support, are like "vampires" to the legal system. Under the current family law system, either party in a family law matter can keep returning to court for a "rematch" long after the "conclusion" of the divorce or paternity case. This open-ended process can destroy family dynamics and bankrupt families in the process, not to mention the havoc it wreaks on the court system.
"Parenting plans and child support pertaining to minor children are always modifiable, as long as the requisite burden of proof has been met," states Attorney and Mediator Baer. "The same is true for spousal support, unless the court terminated jurisdiction over that issue or the former spouses agreed that it would be non-modifiable."
"Litigation, the adversarial process embodied by the legal system, is based upon a win/lose paradigm," says Attorney Baer, who advocates mediation or collaborative divorce, particularly in family law matters involving children.
"If you operate under a win/lose paradigm and are permitted 'rematches,' whichever party thinks they lost may well seek one. These ongoing rematches, or the potential for one, prevent healing or can reopen old wounds. Vampires live on indefinitely by sucking the energy and life out of their prey. When family law matters are resolved through litigation or litigated negotiation, they have the potential of becoming 'vampires' of the legal field."
For those who litigate their family law matters, Attorney Baer says divorces and paternity matters can also model the vampire theme. The average "financial cost" of a divorce in the USA, not including any 'rematches,' is estimated to be $40,000.00 per couple.
"It is completely false and misleading to not include all the post judgment legal fees and expenses as part of a litigated divorce because they are predictable with a win/lose dynamic. Costs will continue to rise as long as there are rematches, not to mention the total allocation of the court budget needed by the family law courts as a result."
"When people are able to resolve their matters through mediation or collaborative law, they tend to address future issues that arise, cooperatively and outside of the litigation system, because that is how they resolved their problems from the outset.
"If people are able to resolve matters through mediation or collaborative law, which do not operate on a win/lose dynamic, they can work toward a win-win outcome, keep their families out of the courtroom, and lower their overall costs including those associated with rematches."
Mark B. Baer, Esq. has gained a reputation, nationwide, for his child-centered and psychologically-minded approach to family law. Using social media, he educates the public with his provocative and forward-thinking ideas on improving the ways in which Family Law is handled. Since May 2013, he has been a prolific Huffington Post blogger. His law and mediation office works with people on issues relating to family law, divorce, paternity, domestic partnerships, parenting plans and timeshare schedules (aka: child custody and visitation), child support, spousal support, cohabitation agreements and pre and post marital agreements.
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