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, civil disputes and difficult divorce and other family mediation issues. He has also successfully resolved "growing pain" disputes for startups and family disputes of all kinds. 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. For specifics of his mediation practices consult his websites: BayAreaElderMediation.com : Focus on family mediations and elder parent issues. ElderPlanning101.com : Learn the basics of elder planning and where to get help. EffectiveDivorceMediation.com : Divorce mediations are conducted in a home office informal atmosphere. Pay as you go. Quit anytime. Software assisted for quick "what if" analysis that considers tax consequences. EldercareFamilyMeeting.com: A family meeting held online with the assistance of an attorney mediator to help make the best elder plan for the family. Schwachter has a profound interest in the problems associated with aging seniors, family disputes over caregiving and property, divorce property settlements and planning 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. He has had advance Elder Mediation training at Pepperdine University School of Law and Divorce Mediation at the Northern California Mediation Center. 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 him for rates and availability. 650.625.7300 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 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. 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. 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. 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. |