In addition to practicing law for over 40 years, Richard H. Schwachter, has been a real estate developer, a Founding Board Member of a NYSE REIT, a principal of a Securities Broker Dealership, a Series 7 broker and an Ombudsman. His sole focus now is mediation. His business experience has made him uniquely qualified to mediate business, real estate, securities and civil disputes. He has also successfully resolved "growing pain" disputes for startups. He specializes in elder mediation.
Schwachter has a profound interest in the problems associated with aging seniors, family disputes over caregiving and property as well as nursing home and assisted living disputes. . He is an Ombudsman, senior advocate, in Santa Clara, County, Ca. with hands on experience dealing with seniors, their families and facilities. Details of this practice can be found at:
He is a listed ADR provider in the Superior Court of California, Santa Clara County a Civil Certified mediator in Florida and a member of the Court of Common Pleas Panel of Business Mediators in Ohio. He is a FINRA Sole Chair Arbitrator. He has had advance Elder Mediation training at Pepperdine University School of Law.
He is particularly fond of online mediation for many less complex disputes.
He is a graduate of Case Western Reserve Law School and the University of Wisconsin, cum laude. He is an author and an artist and a proud grandfather of five.
Contact Us for rates and availability. 650.479.5949
Online Mediations available using Zoom/SKYPE
The Advantages of Mediation
From the American Bar Association:
You get to decide: The responsibility and authority for coming to an agreement remain with the people who have the conflict. The dispute is viewed as a problem to be solved. The mediator doesn’t make the decisions, and you don’t need to “take your chances” in the courtroom. Many individuals prefer making their own choices when there are complex tradeoffs, rather than giving that power to a judge.
The focus is on needs and interests: Mediation examines the underlying causes of the problem and looks at what solutions best suit your unique needs and satisfy your interests.
For a continuing relationship: Neighbors, divorcing parents, supervisors and their employees, business partners, and family members have to continue to deal with each other cooperatively. Going to court can divide people and increase hostility. Mediation looks to the future. It helps end the problem, not the relationship.
Mediation deals with feelings: Each person is encouraged to tell his own story in his own way. Acknowledging emotions promotes movement towards settlement. Discussing both legal and personal issues can help you develop a new understanding of yourself and the other person.
Higher satisfaction: Participants in mediation report higher satisfaction rates than people who go to court. Because of their active involvement, they have a higher commitment to upholding the settlement than people who have a judge decide for them. Mediations end in agreement 70 to 80% of the time and have high rates of compliance.
Informality: Mediation can be a less intimidating process than going to court. Since there are no strict rules of procedure, this flexibility allows the people involved to find the best path to agreement. Mediation can deal with multiple parties and a variety of issues at one time. In family mediation, for example, two children, Mom, Dad and Grandma might be involved. They may need to talk about chores, school performance, curfew, allowances, discipline, and the use of the kitchen.
Faster than going to court: Years may pass before a case comes to trial, while a mediated agreement may be obtained in a couple of hours or in sessions over a few weeks.
Lower cost: The court process is expensive, and costs can exceed benefits. It may be more important to apply that money to solving the problem, to repairing damages, or to paying someone back. Mediation services are available at low cost for some types of cases. If you can’t agree, other legal options are still possible. Even a partial settlement can lessen later litigation fees