Civil litigation can be a stressful and time-consuming process that can take a toll on both parties involved. Fortunately, there is an alternative to going to court that can help resolve disputes in a more amicable and efficient manner: mediation.
Mediation is a voluntary process in which a neutral third party, known as a mediator, helps the parties involved in a dispute to reach a mutually acceptable resolution. Unlike litigation, which can be adversarial and often leads to a winner-takes-all outcome, mediation encourages collaboration and compromise.
During mediation, the parties meet with the mediator to discuss the issues in dispute and explore possible solutions. The mediator does not make any decisions for the parties but instead facilitates communication and helps them find common ground. Because mediation is confidential, parties can feel more comfortable discussing sensitive issues and exploring creative solutions that may not be available through the court system.
Mediation can be used in a variety of civil disputes, including contract disputes, employment disputes, personal injury claims, and more. It can be particularly useful in cases where the parties have a ongoing relationship, such as business partners or family members, and want to preserve that relationship.
If you are involved in a civil dispute and are considering mediation, it is important to work with an experienced mediator who can help guide you through the process. Sean Powers has the skills and expertise for your next mediation.
Partner, Sean Powers, is a Florida Supreme Court Certified Circuit Civil Mediator. Sean brings a wealth of knowledge and experience to every case he handles. With a background in litigation and ongoing practice as a litigator, he stays up-to-date with changes in the law, which allows him to provide valuable insight and guidance to parties seeking his assistance in resolving their disputes. Whether you’re dealing with a complex legal matter or a simple disagreement, Sean has the skills and expertise to help you reach a mutually beneficial agreement.
Collaborative divorce is not your typical court-based, high-stress divorce. In fact, it is meant to resolve your divorce in a peaceful & respectful team-based approach.
- (Time) Restructure relationships faster with less stress
- (Money) Preserve finances for both parents and children
- (Emotion) Reduce emotional tolls on family
- (Results) Customize win-win results for both spouses
- (Relationships) Preserve family relationships beyond divorce
- (No Court Hearings) Keeping your matters private.
HOW DOES IT WORK?
1) It starts with a pledge not to go to court.
Spouses and attorneys agree they will not take any contested issue to court
- Attorneys withdraw if an agreement can’t be reached or if one of you opts out of the collaborative process.
Why is this important?
- Both of you can speak freely without worrying that what you say may be used against you in court.
- This approach creates a “safe” environment in which the team can help both of you negotiate.
- Because the commitment not to go to court is a formal agreement rather than just a promise, it builds more trust in the collaborative process, which helps both of you get the results you want.
2) It requires full disclosure.
Everyone agrees to openly share and exchange all information needed, and commits to:
- Respond truthfully to questions and requests for paperwork
- Clarify misunderstandings or errors in information provided
Why is this important?
- Agreeing to provide the information is much less costly than either requesting or demanding formal discovery via your expensive lawyer, especially when you both already have it.
- Your team’s financial professional helps guide both of you through the process, ultimately reducing the time and expense of gathering the financial information for you both.
3) It provides customized results.
The written document that describes the final divorce is called the settlement agreement. Unlike a judge who is restricted by legal guidelines, in your collaborative divorce:
- The Team works as a unit to help you both make decisions based on your specific values and needs;
- The process allows you both to be more creative and to generate more satisfying solutions for your family; and
- Your agreement can incorporate the common goals of both of you for your family now and for issues that may arise in the future (such as education, health issues, moving homes, etc.).
- The results in collaborative divorce are PRIVATE.
- Sensitive family issues, personal information, and financial documents may be kept out of the public file and thereby the public record.
If you suffer an injury as a result of the negligence of another, and that person and/or entity owed a duty of care to you, you are entitled to compensation. McNary Powers, PLLC can assist you in seeking said compensation. While many of these types of cases can settle without the necessity of a lawsuit, having experience on your side can be very valuable should the matter proceed to actual litigation. McNary Powers, PLLC also brings the added benefit of trial experience on such matters, should the need arise.
A parent can find themselves in a very frightening and unfamiliar environment upon being summoned to Juvenile Court. Either their child has been arrested, in which case they must now face the Juvenile Delinquency system as well as the Department of Juvenile Justice, or there have been allegations of abuse, abandonment, or neglect, and they now must face the Juvenile Dependency system as well as the Department of Children and Families. In either case, the Juvenile courtroom is one of particular idiosyncrasies, governed by the Florida Rules of Juvenile Procedure, which can cause even the most experienced Family or Criminal attorney to perform missteps if they are not familiar with certain peculiarities of the Juvenile Court. In fact, Delinquency and Dependency are no longer tested on the Florida Bar Exam after a determination that the fields are of such a highly specialized area of practice that the average Florida attorney would not be required to be knowledgeable of the specifics of the Florida Rules of Juvenile Procedure. The attorneys at McNary Powers, PLLC, have extensive experience in this area, please call for a consultation should the need arise.
Whether it be a misdemeanor or a felony arrest, you are innocent until proven guilty. The effects of a criminal conviction can follow an individual for a lifetime and the importance of having dedicated representation with courtroom experience and familiarity with the criminal justice system is paramount when facing the possibility of said conviction. At McNary Powers, PLLC, we have years of experience in defending clients in both misdemeanor and felony cases.
At McNary Powers, PLLC, we never forget that the way in which we handle your legal issues deeply affects your life and the lives of the people you care about most. We give every case the effort and personal attention it deserves.
If you need real solutions in a divorce or other family law matter, you can trust McNary Powers, PLLC to provide high quality and compassionate representation. Given the emotional, financial and legal impact of a divorce on you and your family, we work closely with you through every step of the process and even prepare you for life after divorce; and as hard as it may be to believe, there will be life after your divorce. At the center of a family dispute -amidst all of the contention and legal complications – are people.
Collaborative divorce is not your typical court-based, high-stress divorce. In fact, it is meant to resolve your divorce in a peaceful & respectful team-based approach. Restructure relationships faster with less stress. Preserve finances, reduce emotional tolls on family, and more.
Parents have an obligation to support their children according to their means. A parent’s child support obligation arises primarily in the context of dissolution of marriage and paternity actions. Child support is based on the combined net income of the parties and is determined by using the Florida Child Support Guidelines.
Divorce cases usually require the resolution of issues such as: equitable distribution of property, time sharing, custody and parenting issues, child support, alimony and entitlement to attorney’s fees and costs. At the Law Office of Libby A. McNary, P.A., we can evaluate your case and advise you regarding alternative courses of action.
There are many in the legal profession who will tell you that a litigator is an attorney focused on settling a matter, while a trial attorney is one who constantly thinks of how to win in court. As each matter needs to be evaluated individually, your individual needs and ultimate goals must be as well.
The attorneys at McNary Powers, PLLC, have experience in negotiating settlements in many areas of the law, as well as taking a case to completion whether in front of a judge or a jury. Depending on the specific client’s needs and the facts of a case, McNary Powers, PLLC, will assist in devising a plan that is cost-effective and seeks to resolve a matter in your favor as efficiently as possible.
Additionally, it is important that one be cognizant of the subtleties of the various Florida Court Rules of Procedure. In Florida, there are separate court rules depending on whether you are in Civil, Criminal, Probate, Juvenile, Family or Small Claims. Having an attorney familiar with each set of rules is important when devising a strategy as to how to successfully resolve a matter.