Sunrise Mediation

About Resolution by agreement

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The Mediator

Stephen Clark brings more than 35 years of legal experience to family law mediation. His background includes work with a prominent international law firm, a Fortune 50 company, and a national civil rights organization. The last 20 years of his practice centered on helping individuals in family law cases. He handled cases through all the various stages of litigation, including numerous trials, but most of the cases were resolved through mediation. He knows from first-hand experience the difficult challenges family law matters present. He has the knowledge and expertise to help you achieve a resolution.

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The Mediation Alternative

Mediation allows you to resolve your family law matter without the stress, expense and uncertainty of litigation. The core mediation principle of self-determination guarantees that, if you participate in good faith, engage in principled negotiation, you will have not only a clear voice but also a strong hand in the outcome of your case.

Frequently Asked Questions

Here are answers to some common questions about mediation. Please reach us at stephen@sunrise-mediation.com if you have other questions.

What are the benefits of mediation?

Mediation allows you to have a not only a voice, but also a hand, in crafting a resolution of your family law matter. If you go to court, your ability to be heard will be subject to the constraints and limitations of the judicial process, through "direct examination" by your counsel and cross-examination by opposing counsel, both subject to strict rules of evidence. The resolution of your case will then be completely up to the judicial officer based on the information gleaned through that process. In my experience, people who go through the litigation process end up wondering whether their voice was well and truly heard, and the litigation process tends to create "winners" and "losers." Every judge I have ever known strongly encourages parties to resolve their cases by agreement, because that increases the chances that both sides can live with the result, even if neither side got everything they might have wanted.

Do we have to have filed court papers to take advantage of mediation?

No. As a lawyer I handled many cases for clients who wanted to work things out, but just needed a context where they could be heard and work toward a resolution by agreement without fighting about everything, as sometimes can happen in the litigation context. Whether you've not commenced litigation, whether you are in the early stages of litigation, or whether you're exhausted from litigation that has not achieved resolution, I can help you reach resolution by agreement through mediation.

What do we need to do to initiate the mediation process?

It's simple. Just click on the "Book" button in the Easy Online Appointment Scheduling immediately below, choosing either a full or half day, and either virtual or in person. You will be able to see the dates I have available for mediation - they appear in a circle (if the date is not circled, that means the date is already booked) - and then provide contact information. You and I will both then get notice that a mediation has been scheduled, and I will follow up to obtain contact information about the parties and/or their counsel so that I can provide a copy of my Mediation Agreement. This is a simple, two-page document that explains the nature of mediation, my role, my compensation and a bit about the process. That's all it takes to initiate the process.

What information do you require before the actual mediation?

At minimum, I would like to know, in advance, each party's sense of what the issues are, and each party's position on those issues. Ideally, however - since the model I follow is centered not on "positional bargaining," but rather on "principled negotiation" - it's also helpful for me to understand the interests underlying the reasons. For example, issues involving minor children depend on identifying and implementing agreements that are in the children's best interests, so while one parent might say "I want sole custody" that is a statement of position; open discussion of what custodial and parent-time arrangements are in the best interests of the children facilitates principled negotiation toward resolution by agreement. Similarly, "I don't want to pay alimony" is a statement of position; open discussion of each party's reasonable needs in light of the marital lifestyle and each party's ability to maintain that lifestyle after divorce facilitates principled negotiation. Again, speaking ideally, I would receive this kind of information in advance. But I am a quick study, so if you prefer to help educate me at the outset of our mediation session, I can do that, too, through open dialogue. I want to make this as stress-free for you as I can.

What occurs during the actual mediation?

The typical mediation session begins with my briefly meeting with each party and their counsel (if the parties have counsel) to talk about what to expect during our time together. This can be done jointly, or separately. After that, the typical mediation involves my going back and forth between separate breakout rooms conveying proposals and counter-proposals until it is clear that the parties either have been able to reach resolution by agreement, or are not quite ready to reach resolution by agreement. Either way, my hope is your participation in the process has helped you see the issues and potential outcomes more clearly, so that you can make good decisions going forward.

Begin a New Day: Resolve Your Family Law Matter By Agreement

Pay Online

About Resolution by agreement

The Mediator

The Mediation Alternative

Frequently Asked Questions

Contact Us

Stephen C. Clark stephen@sunrise-mediation.com

Hours

Begin a New Day: Resolve Your Family Law Matter By Agreement

Pay Online

About Resolution by agreement

The Mediator

The Mediation Alternative

Frequently Asked Questions

Contact Us

Stephen C. Clark stephen@sunrise-mediation.com

Hours

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