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Custody Mediation

Future Lawyers Should Be Screened and Trained for Empathy

Mark Baer | Posted 08.27.2015 | Divorce
Read More: Empathy, Teaching Empathy, Doctors, Doctors and Patients, Medical School, Medical Students, Medical Schools, Medical Study, Medical-Studies, Physicians, Emotional Intelligence, Emotional Intelligence Relationships, Feelings, Trust, Medical Care, Medical System, Medical Systems, Stress, Less Stress More Living, Stress Management, Stress Relief, Stress Reduction, De-Stress, Work Stress, Cynicism, Burnout, Work Burnout, Physician Burnout, Doctor Burnout, Job Burnout, Career Burnout, Doctors Burnout, Workplace Burnout, Education, Education Reform, Law, Lawyers, Lawyer, Law School, Law Schools, Law Students, Law Student, Attorneys, Attorney, Law Firms, Law Firm, Legal System, Sociopath, Sociopaths, Legal Profession, Ethics, Ethical, Unethical, Unethical Behavior, Illegal, Suicide, Suicide Prevention, Suicides, Substance Abuse, Alcohol Abuse, Mediation, Mediator, Divorce Mediation, Family Law Mediation, Custody Mediation, Marital Mediation, Divorce Mediator, Family Law Mediator, Mediators, Habits, Changing Habits, Behavior, Behavior Change, Conflict Resolution, Conflict Resolution Training, Conflict Management, Dispute Resolution, Alternative Dispute Resolution, Emotional, Legal Disputes, Legal Dispute, Litigation, Divorce Litigation, Family Law Litigation, Litigated Divorce, Negotiation, Deescalation, Self Awareness, Self-Awareness, Reaction, Self-Management, Self Management, Faulty Assumptions, Assumptions, Unconscious Assumptions, Making Assumptions, Negative Assumptions, Perspective, Shift Perspective, Perspectives, Shifting Perspective, New Perspectives, Interpersonal Relationships, Interpersonal Skills, Interpersonal Communication, Interpersonal Relationship, Relationships, Relationship, Association of Family and Conciliation Courts, Association-of-Family-and-Conciliation-Courts, Divorce News
Mark Baer

Law schools must begin recognizing the damage that is being caused to interpersonal relationships and our overall society, due to the low EQ levels of those involved in the field of law and make a concerted effort to address this extremely serious problem.

When Divorcing, Beware of Meddlers!

Mark Baer | Posted 07.28.2015 | Divorce
Mark Baer

I was recently contacted to potentially mediate a litigated divorce matter prior to trial, which is rapidly approaching. My name had been included on a list from the attorneys, along with two other mediators.

How Family Law Attorneys Tend to Think, Final Part

Mark Baer | Posted 06.26.2015 | Divorce
Mark Baer

Since this is the final article in this series, I am finally going to share the answer I gave the attorney colleague of mine who asked me the following question: "Any thoughts on how to make money as a family lawyer when you're not prepared to screw the other side?"

How Family Law Attorneys Tend to Think, Part VI

Mark Baer | Posted 06.19.2015 | Divorce
Mark Baer

A great many of my family law attorney colleagues believe that mediation only works under such narrow circumstances, that almost no cases are appropriately suitable for it. They believe that mediation is only effective in family law cases under the following circumstances.

How Family Law Attorneys Tend to Think, Part V

Mark Baer | Posted 06.04.2015 | Divorce
Mark Baer

I'm going to say it over and over and over again until my last breath -- "Mediation" that is handled as a "settlement conference," but with a "mediator" rather than a judicial officer is not mediation.

How Family Law Attorneys Tend to Think, Part IV

Mark Baer | Posted 05.19.2015 | Divorce
Mark Baer

On July 10, 2011, Joan T. Daniels, Esq. posted the following comment on the listserv for the members of the Family Law Section of the Los Angeles Coun...

How Family Law Attorneys Tend to Think, Part III

Mark Baer | Posted 05.13.2015 | Divorce
Mark Baer

Part II of this series ended with the following question from an attorney colleague on the listserv for the Family Law Section of the Los Angeles Coun...

How Family Law Attorneys Tend to Think, Part II

Mark Baer | Posted 05.04.2015 | Divorce
Mark Baer

Except for the years I was in Juvenile Dependency court, where mediation was available for each case set for trial (but not presently, because that court system does not now have the funds to do so), I can count on the fingers of one hand the times when opposing counsel suggested mediation.

Is the King Solomon Story Really About Mediating or Judging?

Mark Baer | Posted 06.27.2015 | Divorce
Mark Baer

It's amazing how many ways Biblical text can be interpreted and the fact that the same people are willing to interpret the exact same text differently for their own selfish and self-serving purposes, as the need arises.

How Family Law Attorneys Tend to Think, Part I

Mark Baer | Posted 06.26.2015 | Divorce
Mark Baer

On April 23, 2015, I read an article titled "Solid negotiation skills crucial for family lawyers," which I felt was an important read for both the public and my colleagues. I therefore shared the article over the social media and with the members of the listserv for the Family Law Section of the Los Angeles County Bar Association.

The State Bar of California Intends on Silencing Its Members

Mark Baer | Posted 05.07.2015 | Politics
Mark Baer

If the Bar does decide to require certain disclaimers in lawyer blogs, how does that impact previously published blogs over which the attorney does not have editorial control?

Lawyer Paternalism Is A Very Serious Problem

Mark Baer | Posted 03.20.2015 | Divorce
Mark Baer

The "temporary incompetence" of clients due to their emotional state and the attorneys' paternalistic attitude toward clients create a lack of understanding on the part of both the attorney and the client. This is the legal equivalent of a ship that hits rocks, runs aground, veers off course, and possibly sinks.

How To Select The Best Mediator Is a Must Read for Everyone

Mark Baer | Posted 01.18.2015 | Divorce
Mark Baer

I cannot thank Mr. Peters enough for putting so much effort into writing such an outstanding book and highly recommend that every professional involved in dispute and/or conflict resolution and everyone involved in a dispute and/or conflict take the time to read this book.

'I Want To Pee Like Daddy'

Jon Vaughn | Posted 11.12.2014 | Parents
Jon Vaughn

She's not as confusing as some of the women I've dated; I understand her; I get her and she gets me. We grew up together, in a sense, and now I see a young, independent, beautiful and risk-taking female version of me. (This version looks much better than the original, by the way.)

Are You Certain That Your Lawyer Is Not Impaired?

Mark Baer | Posted 06.14.2014 | Divorce
Mark Baer

I have written a number of articles about the negative impact that certain "types" of attorneys have made on our "system of justice." The first articl...

The Consequence of Unenforced Ethical Guidelines for Collaborative Divorce

Mark Baer | Posted 06.07.2014 | Divorce
Mark Baer

The Ethical Guidelines for Collaborative Divorce by Collaborative Divorce Institute provide in pertinent part as follows: "All Collaborative Divorce ...

Must Parties Confirm That They Are Open to Settlement For Mediation to Be Effective?

Mark Baer | Posted 06.02.2014 | Divorce
Mark Baer

I want to once again deconstruct aspects of Franklin Garfield's article titled "Should Divorcing Couples Who Mediate Be Talking Through Counsel?" because I find it an effective way of raising certain aspects of mediation, bringing about a discussion on those issues and educating people.

Family Law Litigation: The Gift That Keeps On Giving!

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Everyone in the family law trenches knows that such overreactions are far from uncommon as a result of the exacerbation of conflict and increased distrust resulting from a litigated divorce.

Important Distinctions Between Litigation and Mediation

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Throughout the conference, the panelists kept reiterating that what occurs in court is state specific, "locale specific," and jurist specific. In other words, results vary from judge to judge based upon the judge's biases, beliefs, assumptions and values. I think this should really scare anyone and everyone.

8 Ways To Prepare For Your First Mediation Session

Michelle Rozen | Posted 01.23.2014 | Divorce
Michelle Rozen

So, you have scheduled your first mediation session and from what I hear from my clients, I am sure you must be nervous. How will it go? How will the other party behave? What will they say or do? How to prepare and what to expect?

Parties' Positions and the Mediation Process

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Evaluating the "strengths and weaknesses of the parties' positions" is often more perception than reality.

When the Law Is Involved, Do Notions Of Fairness Matter?

Mark Baer | Posted 09.28.2013 | Divorce
Mark Baer

When attorneys, mediators and others are involved in the process, their concepts of fairness may well differ from those of one or both of the parties and from those of the other professionals involved.

Divorce and the Grieving Process

Mark Baer | Posted 09.07.2013 | Divorce
Mark Baer

Conflict is reduced by appropriately addressing the grief and loss from the very beginning. Doesn't it therefore make sense that lawyers involved in the field of family law should have a better understanding of grief and loss?

Is Mediation About Reaching the Same Result in a More Efficient and Economical Manner?

Mark Baer | Posted 08.31.2013 | Divorce
Mark Baer

My last article on mediation, titled "Should Divorcing Couples Who Mediate Be Talking Through Counsel?," was the first of a series of articles on medi...

Should Divorcing Couples Who Mediate Be Talking Through Counsel?

Mark Baer | Posted 08.24.2013 | Divorce
Mark Baer

For reasons that will become increasingly clear, the public must develop a better understanding of mediation, as it is meant to be practiced.