Mediation: Stirring the Pot or Creating Solutions?

January 15, 2012, 5:11 pm - Bralynne Meyers

When I first became a family law attorney, I was surprised to learn how many people did not understand or even recognize the word mediation. I guess when you spend years in law school, sometimes you lose touch with the real world and forget that what may seem commonplace, is sometimes a very esoteric concept to many. Before, I didn't think mediation needed an explanation; however, now, one of the first things I explain to a client is what mediation is and how it can be used as a great tool in family law cases.So begins my evaluation of the pros and cons of the mediation process. First, mediation can either be a formal or informal situation in which the parties and their attorneys come together with a third party neutral to discuss the issues in a case. If successful, the discussion may ultimately lead to a negotatied agreement which resolves the dispute. For those who have seen Wedding Crashers, the opening scene is basically Hollywood's version of the process. While it is over the top, it shows the basic concept. For those who have not seen the movie, where have you been?

There are many things about the mediation process which I believe can be helpful during a family law case. For example, it gives the parties the ability to say their piece in a setting where it will remain confidential. As everyone practicing law knows, "thou shalt not repeat anything discussed during a mediation session." If utilized correctly, it can be a great place to get the real issues on the table and deal with them in a setting that is not as overwhelming as a trial courtroom. I've had very successful mediations in which the parties resolved all issues and were able to stipulate to a resolution. This is the ideal situation.

However, there are also downsides to mediation. Depending upon who is conducting the mediation and the length of time it takes, it can be an expensive process. A cost-benefit analysis would still hold that mediation is worthwhile because trial is much more expensive on average. But, expense is not the only problem. Sometimes mediation is a lost cause and before discussion and negotiation can even begin, it is apparent that everyone is going to be wasting their time. In those scenarios, I find that at least one party has closed his or her mind to the spirit of the mediation and is simply using the process to bash the other party to anyone who will listen, while making idle threats about what will happen in the courtroom at trial. Usually as a result of this highly emotional confrontation, more issues erupt and nothing gets resolved.

Thus, while I highly endorse mediation, I am also a realistic individual. I know that not everyone will be able to sit in a setting and amicably discuss who should get the frequent flyer miles during a dissolution. If such was the case, I wouldn't be needed as a trial attorney in custody and divorce cases. Just remember, if you are preparing to attend mediation in the near future, the number one rule is that you only get out of the process what you are willing to put into it. If you go in with an open mind, you may just surprise yourself!

Custody Battles: The Winners and the Losers

December 7, 2011, 9:40 am - Bralynne Meyers

Custody disputes can be scary, frustrating, and sometimes even devastating for the participants. That is why you need an attorney who is willing to listen and understand. However, even if you have that attorney, you also need to be sure that he or she is also willing to give you straight answers and a reality check when necessary. An attorney who caters to the whims of his or her client, especially in a custody situation, is an attorney that will most likely tell you everything you want to hear, but get you nothing you request.

The first thing I try and explain to any client or potential client that walks through my door with a custody issue is that if the two parents can't reach an agreement as to what is in the best interest of the child or children, a judge that knows absolutely nothing about your situation, will make that decision. The judge has a wide variety of powers to control the situation and sometimes the judge's decision is necessary. However, isn't it best for the parents to make decisions for their child/children rather than a third party?

The problem with my philosophy is that perhaps it is too optimistic to assume that parents can set aside their differences to do what is best for their children. In my time practicing in family law in the St. Pete/Tampa Bay area, I have found that most of the time custody disputes have absolutely nothing to do with the child, but a majority of the time revolve around one parent or both getting wrapped up in their issues with each other, rather than focusing on what really matters, the child or children. That is why as an attorney, I try and remind my clients, over and over, who really is going to be the winners and the losers in any custody "battle."

For example, I once had a client tell me that her six year old didn't want to see her father because he caused her "mental anguish." She proceeded to give me a long, sad story of how horrible she had been treated during the marriage. I'm sure she was justified in her feelings. After all, she wouldn't have filed for divorce if it wasn't a bad situation. However, her trials and tribulations had nothing to do with her six year old daughter's feelings. Mom was determined to keep the child from dad, however. As a result, even though I advised her that this was against the child's best interest, she persisted in denying contact. There was no basis for her unilateral decision to keep the child from the father. All evidence showed that he was a stable individual that had never presented a danger to anyone. Judge's don't like unilateral decision-making in family law, particularly when one parent believes they have the right to deny the other parent contact. After weeks of trying to explain this to my client, I ultimately had to terminate my services because she refused to listen to my advice. The loser in the situation was the child who did not see her father and thus, the father-daughter relationship suffered.

No one is ever a winner in a custody dispute, except the attorneys getting paid. I'm stating it bluntly, however, no matter how many times I remind my clients or opposing counsel of this situation, the reality is some people will never stop fighting. As a result, no one wins, and the child suffers.

Please understand that I compeletely endorse fighting hard for custody of children, especially when it is warranted. However, sometimes things aren't as they appear, and what a client really needs is a chance to figure out what the real issues are and a simple reminder of what is at stake.

Learn more about the Spartan Difference.

Press Release - December 5, 2011

December 1, 2011, 8:18 am - Jeff Baughman

For more information contact: Jeff Baughman
(727) 772-7826
jeff@spartanlawgroup.com
PDF Version

TAMPA BAY LAW FIRM DEVELOPS NEW PROGRAM PROVIDING PREDICTABLE AND PALATABLE COSTS TO CLIENTS

Tampa Bay/St. Petersburg, Florida, December 5, 2011 – Spartan Law Group, formerly Baughman Law Group, P.A. announced the launch of its Counsel Program™, a method of building a proprietary liability shield and reacting to clients’ needs for a predictable monthly fee while not charging for phone calls or emails. Spartan Law Group provides this service to fill clients’ expectations that their attorneys work proactively, react quickly, and the costs of representation be predictable.

Each Counsel Program™ client receives a variety of benefits dependent on the level chosen, but at its core all clients receive the Shield Review™ and are not charged for telephone calls or emails to their attorneys. “We found that clients did not see the value in the traditional retainer model of a flat monthly fee for their attorney to wait for a call to react to an issue,” said Jeff Baughman, founder and CEO of Spartan Law Group. “Most clients want and expect their law firm to build a wall around them when times are slow and to react quickly when an issue arises. We always have something to do proactively through our Shield Review™ process and the client does not have to worry about being charged for a quick phone call when an issue comes up,” Baughman explained.

The Shield Review™ accomplishes the proactive portion of the relationship. Each month the client selects from a series of over 300 separate activities for their attorney to work on during the month. Once the items are complete, the client continues down the list at its pace and in either a preselected order or in a custom order. When an unexpected issue arises, the Shield Review™ is put on hold until the task is completed. Once resolved, the client continues to build their liability shields in the areas of: employment, taxes, insurance, corporate matters, contracts, and a shield custom to the client.

All Counsel Program™ fees are on a monthly basis ranging from $500 to $5,000 per month. “We provide clients the flexibility during the current economic climate to go up or down in their membership, but keep building their shield at their pace and within their budget,” Baughman explained.

Tony Francisco, founder and chief executive officer of VAR Dynamics, LLC and one of the first Counsel Program™ members, cited the need for “expense predictability” as key to his company’s growth in enterprise-class software hosting services. “By proactively removing the legal unknowns with a predictable monthly cost, we become more viable company-wide and even more attractive as an M&A prospect” Francisco said. “Our new ability to show a list of things that have been addressed, as well as a list of future items to be taken care of is impressive for a company of any size.”

Spartan Law Group, based in St. Petersburg, Florida, is a full service law firm whose mission is to lead its clients through the Gray Areas of life and business. Spartan Law Group provides certainty, communication, competence, and creativity in its services through the use of advancements in legal business models, technology, extra training, and innovation. The premise is to encourage communication with our clients rather than being part of a perceived problem. This team approach drastically reduces costs and coordinates client expectations on the outcome of a particular case. Spartan Law Group practices in the areas of business litigation, construction law, family law, real estate, and probate and guardianship law.

###

Stetson Law Entrepreneur Workshop

November 18, 2011, 10:19 am - Jeff Baughman

Speaker - Stetson College of Law Entrepreneur Workshop (Nov. 2011)