It's Easy Blaming Others, Isn't It?
Mark B. Baer
Educating and Helping People to Better Understand Biases, Their Impact, and How to Try and Keep Them in Check
"We the people have entrusted individuals who, by their very nature and training, are prone to adversarial conflict in the form of litigation and courtroom displays to make decisions and steer outcomes regarding a child’s well-being."
Duh! You can only give what you have and teach what you know.
Outcomes are typically determined by the way in which the 'game' is designed. If you don't want such an outcome, design the 'game' as to achieve a more desired outcome. "Cooperation or Combat? The Choice Is Yours!"
As an aside, and an important one, in California, approximately ninety percent of those involved in family law matters are self-represented.
The Los Angeles and San Francisco Daily Journal (the legal premier legal newspaper in California) came out with its annual list of the "Top 100 Lawyers in California" on September 21, 2016. There was only one Family Law attorney on that list - Laura A. Wasser, known as the family lawyer to the stars and other celebrities.
In her profile, she stated the following:
"I continue to focus on mediated settlements and collaborative divorce.... I'm trying to make family law far less negative and incendiary."
Congratulations, Laura.
By the way, it is not the least bit surprising that the only family law attorney included in the list would be anti-litigation when it comes to family law.
"Don’t consult with or retain a litigator, unless they also happen to be a well-trained facilitative and/or transformative mediator and/or a collaborative divorce practitioner. Otherwise, it’s like going to a surgeon and expecting them not to recommend, or at least be biased toward surgery. You can only give what you have and teach what you know."
That being said, who's responsible for opting to resolve their family law matters through combat? Furthermore, who's responsible for retaining the types of attorneys referenced in Stephen Krasner's article?
There's something to be said for taking personal responsibility.