LOS ANGELES, CA--(Marketwire - Mar 29, 2012) - As the Keynote Speaker for the opening night of The Divorce Expo in Detroit, held March 24 and 25th, Los Angeles Family Law Attorney Mark Baer talked about the changes he believes are imminent for Family Law in America. With divorces on the rise and reports of domestic violence, common, for those involving child custody disputes, Attorney Baer stated that the 'default' system for Family Law needs to change from litigation, as the first choice, to mediation or some other form of consensual dispute resolution. Currently, the number of cases in Family Court is leading to postponements and delays without addressing the emotional damage of the torn-apart families. The Divorce Expo offered resources and information to the Detroit metropolitan community regarding positive and future-oriented options for divorce.
Attorney Baer's keynote address, which was attended by judges, lawyers, therapists and other professionals involved in family law, focused on how the Family Law system in America could better serve families in the aftermath of a divorce. He opened by saying, "Like it or not, if there are children of the relationship, regardless of their age, the family still exists after the relationship ends. The manner in which you end a relationship determines whether your family will be functional or dysfunctional from that day forward."
Noting that change must begin with the legal system, he said, "Currently, it only takes one person to sink the ship and destroy the family. Parents who end up in court are forced into an adversary system, a system that knows little about child development and even less about the best interests of children or the family unit. Overall, the adversary system destroys families."
In Australia, England, Wales, Quebec, and British Columbia, he said, anyone entering Family Court must first show that they have already made a good faith effort to resolve their issues through mediation or consensual dispute resolution. The reasons, he said, are because mediation and collaborative divorce are more responsive to families, better able to negotiate appropriate outcomes that suit all parties' needs, and take advantage of the most appropriate sources of help, advice, or routes to resolution. It's also quicker, cheaper and more amicable than litigating in the overworked Family Law Courts and gives both parties the chance to take their future into their own hands.
On the other hand, litigation makes it difficult for children to maintain an ongoing relationship with both parents and for parents to maintain their ongoing responsibilities. Currently, Family Law cases are litigated unless both spouses agree to handle their matter outside the legal system through mediation, collaborative divorce, or some other form of consensual dispute resolution.
"For change to take place," says Attorney Baer, "the default process must change from litigation, as the primary mechanism for resolving disputes, to mediation, collaborative divorce, or some other form of consensual dispute resolution. Unless the default, itself, is changed and becomes required by law, couples will return to the litigation process when jointly resolving their issues becomes too difficult." As he points out, "One member of the family should not have so much power to cause such destruction to assets, children, and other family members."
Attorney Baer's keynote address at the Sheraton Hotel in Novi, Michigan opened the Divorce Expo's charity event supporting the Make A Wish Foundation. During the weekend Expo, Attorney Baer also presented a seminar entitled, "Finding the 'Right Fit' Attorney for your Divorce." Portions of both his keynote speech and seminar can be heard in his interview with Divorce Source Radio (www.divorcesourceradio.com).
Mark B. Baer is a Family Law Attorney/Mediator/Collaborative Law Practitioner who has practiced law in Los Angeles for over twenty years with an office in Pasadena, CA. His firm represents individuals on issues regarding family law, divorce, child custody, child support, spousal support, restraining orders, paternity actions, or domestic partnerships. For more information, please visit: www.markbaeresq.com
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For more information, please contact:
Mark B. Baer, Esq
(626) 389-8929
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