Experienced Mediator To Preside Over Your Mediation
Mr. Thomas combines his unique experience and common sense to help Mediation participants evaluate and resolve their disputes when possible. Not all cases are meant to settle at Mediation and no Party should feel they have to settle. However, if the Participants want to settle, Mr. Thomas will help them find an agreed settlement.
David R. Thomas, is an experienced Mediator who has handled countless cases including numerous participants in multi-party cases involving simple as well as complex issues.
Presiding over a mediation Mr. Thomas ensures confidentiality of the proceeding. He is not judgmental in his role facilitating parties reaching a solution. He does not attempt to impose what he things the solution should be on the Parties.
A Mediation is an opportunity to resolve a complicated dispute. It is the last chance most Parties will have to participate in the details of how the case will be resolved. A Judge has limits on what their options are. They must follow the statutes. The Parties may create their own solutions which the Judge cannot.
Knowing schedules are challenging these days, scheduling arrangements are available for evening and Saturday Mediation sessions, if necessary.
Mediation In Domestic Cases
In either a Paternity or Dissolution of Marriage case the Court will require Mediation of the Case within several months of the filing of the initial Petition for Dissolution of Marriage or Petition for Paternity. You aren’t required to settle at Mediation but you must attend.
Cases are best settled at Mediation; it’s faster, creative, inexpensive and provides closure monetarily and emotionally. An agreement at mediation is better for the children and the Judges would prefer the Parties settle their cases if possible.
The first part of the case is equitable distribution is dividing the marital assets. A Marital asset is something acquired or paid for with marital funds. Marital funds are monies earned during the marriage from efforts during the marriage, by either party. Premarital assets, gifts during the marriage and enhanced assets of the other Party from nonmarital efforts are not marital assets. The title doesn’t matter as to a marital asset: only where the money acquiring the asset was earned and whether it was earned during the marriage or not.
The second part of the case is alimony/attorney fees to the spouse in a divorce seeking financial assistance. The Court has different types of alimony to consider; but, the focus is on whether one spouse has a financial need after the divorce and whether the other spouse has a financial ability to assist after the divorce.
The third part of the case is enforcement or guarantees the other Party will do what they promise in any Agreement. Alimony, child support and related attorney fees are enforceable by contempt. Promises to pay can be secured by promissary notes on mortgages but aren’t as reliable and are costly to enforce.
A client and the attorney should come to Mediation prepared to address all issues and to settle the case if possible. The Law Offices of David R. Thomas, L.L.C. has years of experience from handling countless Meditations to handle your case.