Ginter Family Law

• Substantive Assistance:  The parties are guided through all the facets of their matter where the mediator provides ideas and thoughts for creative and effective agreements, informs the parties of the law to help them make decisions (called the "shadow of the law") and helps to preserve dignity and respect for both parties by providing a balanced and comfortable atmosphere in which to speak.

Mediation has many attractive qualities.  Here are a few for thought:

• Great Potential for Lower Costs:  In litigation, oftentimes the parties each  hire, and pay for, their own attorney.  What's more, depending on the financial circumstances of the parties, one party may actually end up paying for some of the other party's attorney's fees!  If there are any court appearances, fees and costs rise drastically.  A trial alone can easily cost thousands, if not tens of thousands, of dollars.  On the other hand, in mediation, oftentimes the parties will have only one set of attorney's fees to pay for—the mediator—and these fees are typically shared by both parties.  Additionally, there are no expensive court hearings, assuming the parties settle on all issues. 

• Privacy & Confidentiality:  In litigation, if a court hearing is necessary, the court sessions are "open," which means anyone...including the press...can attend a court hearing.  If the parties have minor children and cannot agree on custody and parenting issues, the parties must attend mandated, typically non-confidential, "custody mediation" where that mediator could make recommendations against either parent's wishes as to what he or she feels is in the children's best interest.  On the other hand, in private confidential "family law mediation," other than the documents that must be filed with the court by law, the parties' negotiations and their matter remains private and out of the public eye.   In private and confidential "family law mediation," unlike "custody mediation" oftentimes done through the court system, the parties, not a mediator, decide what is in their children's best interest.  Mediation is a great way to keep your family matters private. 

• Control Over Outcome:  In mediation, with only a few exceptions, almost anything the parties agree to will be approved by the court.  Again, with few exceptions, the parties can even agree as to whether they will strictly follow the law or whether they feel a deviation from a strict application of the law would better suit their needs and/or the family needs. 

• Positive Aura:  Unlike litigation, where the objective is oftentimes to "win" and the other party is to lose, the atmosphere in mediation is a positive environment that fosters a "win/win" mentality, which benefits both parties and, if applicable, any children to the relationship.

• Creative Solutions:  Much conflict exists where one or both parties have a fear of the unknown, ignorance regarding possibilities or a misconception of the law.  Over time, in both adversarial and non-adversarial forums, Mr. Ginter has a vast amount of experience in suggesting solutions and options for the parties to consider.  Oftentimes, the hearing of options that the parties had not previously considered helps to promote settlement.  Possibilities and solutions are limited only by the parties' minds.  Therefore, the old adage of "where there is a will, there is a way" cannot be overemphasized in resolving differences in a non-adversarial manner.

• Reduced Emotional Conflict:  It is no surprise that, where the parties approach their differences in a positive and creative atmosphere, negative emotions are tamed.  In all-too-important issues in family law, it is crucial that negative emotions are controlled.  Logic and negative emotions are akin to oil and water...they don't mix.  So if emotions are high, logic tends to go out the window; likewise, when negative emotions are controlled, the parties can typically focus on, and be open to, positive resolution to a much greater degree. 

• Flexible Presence:  While it is not recommended or preferred, if it is necessary, Mr. Ginter will conduct a mediation session with one of the party's attending by phone.  This may be appropriate where one party has already moved out of the state or the county, or where travel is an every day part of one's job.