Profile
Mark B. Baer is a family law attorney, mediator, and collaborative law practitioner. He has been writing a column on psychology and family law for the San Gabriel Valley Psychological Association's bimonthly newsletter since September 2008. He has also published articles on family law in a variety of well-respected publications, including Forbes. Columnists from the Pasadena Star-News, the Los Angeles Times, The Wall Street Journal, and other publications use Mark as a resource for their columns. He has been interviewed on KTLA news by Manny Medrano and profiled by the Beverly Hills Bar Association in an article entitled "Family Law Par Excellence" and by the Pasadena Star-News in an article entitled "Finding the Solution."
About Mark Baer
Admitted: 1991, California
Blog: www.markbaeresq.com/Pasadena-Family-Law-Blog.aspx
Professional Webpage: www.markbaeresq.com/Attorney-Profile.aspx
Honors and Awards:
- I was included among the 2010 Top Attorneys by Pasadena Magazine (as selected by my peers), 2010 Top Attorney - Family Law, Pasadena Magazine, 2010
- I was included among the 2011 Top Attorneys by Pasadena Magazine (as selected by my peers), Top Attorney - Family Law, Pasadena Magazine, 2011
Pro bono/Community Service:
- Since in or about January, 2008, I have been volunteering my time on a rotating basis as a family law mediator for the Los Angeles Superior Court (Northwest District).
Scholarly Lectures and Writings:
- Los Angeles Family Law Attorney Mark B. Baer has discovered a valuable government report that will help family law attorneys, family law mediators, financial advisors and estate planners in issues involving child support or estate planning: The report from the United States Department of Agriculture, "Expenditures on Children by Families" breaks down the real costs each year on what parents can expect to spend to raise a child to the age of seventeen.
Citing the latest statistics compiled by the U.S. Government, Baer states, "In 1960, average expenditures on a child in a middle-income, husband-wife family amounted to $25,229.00, or adjusted for inflation, the costs for raising that child from birth to age 17 was $182,857.00. That same child, born in 2009, will now cost approximately $286,050 to raise them to age 17," he says, "which represents a 22% increase in cost."
"When determining the amount for child support, federal law requires that it be determined in accordance with a guideline," states Baer. "What I'm suggesting is that trusted advisors involved in child support matters also refer to the USDA Calculator as a point of reference for the estimated costs of raising that child in any given year."
Baer utilizes the calculator in his practice and finds it invaluable in providing clients with a realistic expectation of the anticipated costs related to their minor children. Other advisors, who have read Baer's blog, www.markbaeresq.com/Pasadena-Family-Law-Blog.aspx, also give credence to the value of using the calculator.
A financial planner comments, "Thanks so much for this. It's also helpful in financial planning." A forensic accountant adds, "This is a great blog; very informative. I am a forensic accountant and an expert witness and appreciate the time and effort needed to produce a quality product." Finally, a family law attorney writes, "An absolutely relevant eye-opening study. As both a single mother and a domestic relations attorney, the information you have presented is very valuable, both personally and as a negotiating tool in child support matters.", Author, Cost of Raising a Child Calculation Tool, Valley Lawyer Magazine, 2010
- Los Angeles Family Law Attorney Mark B. Baer says it would be totally irresponsible and ill-advised for former First Lady Maria Shriver and former Governor of California Arnold Schwarzenegger to litigate their divorce. Earlier this month, the couple announced their separation and it was revealed that Maria Shriver had retained Hollywood celebrity divorce Attorney Laura Wasser to represent her.
"Given their high degree of sophistication and highly-paid advisors, Shriver and Schwarzenegger must know that litigation tends to cause irreparable damage to children," says Attorney Baer. He recently spoke about the difference between litigation and collaborative divorce in a television interview on "Inside the Law" with Manny Medrano on KTLA Channel 5, which aired May 19, 2011.
"If Shriver chooses to litigate her divorce from Schwarzenneger, it's going to have dire consequences," he says. "Not only will the cost of legal fees be exorbitant, but it will further damage their relationship as they continue to co-parent their children."
Attorney Baer says divorce is known as one of the most stressful experiences a person can endure in life, second only to the death of a spouse with whom one was happily married. With the constant reporting on Schwarzenegger's sexual indiscretions and the child he fathered with their housekeeper, it is clear that anger fueled the First Lady's decision to hire her divorce attorney. However, Attorney Baer notes that divorce need not become a public circus, as it did in the recent McCourt case, which was also handled by Wasser's firm. Moreover, Shriver's emotional issues will never be addressed in litigation or through the courts.
"A far better choice would be to seek mediation or a collaborative divorce which would offer Shriver and her children privacy and an opportunity to heal from their wounds."
Baer notes that during the litigation process, both parties must file Income and Expense Declarations with supporting documentation if the court is to rule on issues relating to child support, spousal support, and attorneys' fees. Moreover, the divorce Judgment will list each of Shriver's and Schwarzenneger's assets and obligations, regardless of whether they are community or separate property. Once in the court file, these documents are accessible by the public (including their own adult children), whereas in mediation or collaborative divorce, the Income and Expense Declaration need not be filed with the court and the filed divorce Judgment need not contain such information.
"Given their high-profile status," says Mr. Baer, "it's unlikely the Schwarzeneggers would want their financial information to go public."
He adds, "In the McCourt divorce, attorneys' fees for Jamie McCourt's team have skyrocketed past $14 million dollars. With Shriver hiring this same firm, the bill is likely to be substantial, to say the least."
Finally, as Baer likes to remind his clients, "like it or not, if there are children of the relationship, 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. Shriver and Schwarzenegger have four children together. Thus, their advisors should be helping them to make rational choices, even as they may be going through emotional turmoil. If Shriver and Schwarzenegger opt to litigate their divorce, they do so fully aware of the permanent damage it will cause to them and their children.", It Would Be Irresponsible for Maria Shriver and Former California Governor Arnold Schwarzenegger to Litigate Their Divorce, Forbes.com, 2011
- The United States' Family Law system is barbaric, archaic and unenlightened, says Family Law Attorney Mark Baer, when compared to Australia, England and Wales' legal systems. His comments reflect the changing attitudes in the practice of family law in Great Britain and Australia where divorcing couples must undergo mediation for child custody and/or financial issues to sort out most disputes before they can use the courts.
Meanwhile, in California, where Mr. Baer practices Family Law, the legislature recently made major changes that will increase litigation time and expenses while causing the divorce process to be more adversarial.
"It's time for our government to affect a reform in the family law system to shift the emphasis from litigation, as the dominant practice, to mediation and collaborative divorce," states Mr. Baer. "Litigation is not only more expensive but it is also far more damaging to the family system which still has to maintain contact and function, to some extent, when there are children involved."
Effective April 6, 2011, the British government will require divorcing couples in England and Wales to undergo mediation [for child custody and/or financial issues] to sort out most disputes before they are allowed to use the courts. In doing so, they are following Australia's example where, in 1996, the Australian government took the lead in implementing the Family Law Act 1975 as its primary dispute resolution (PDR). It recognized that litigation is usually a slow, expensive and adversarial process, and that in family law matters, this behavior may make it difficult for the child to maintain an ongoing relationship with both parents and for parents to maintain their ongoing responsibilities.
Since then, the law has evolved to require family dispute resolution (FDR) where all parties involved in parenting, financial issues or both, must make a genuine effort to resolve the dispute through an accredited FDR practitioner before starting a case. Failure to do so can result in serious consequences including costs penalties for non-compliance.
Mr. Baer points out that while many U.S. states have a "mandatory divorce mediation" requirement, it is generally limited to child custody and visitation matters. He further contends that this practice is not true mediation. This is particularly true in California where mediation is required before a court will hear a child custody or visitation matter. In California, a variance in the law allows each county to enforce the mandatory mediation requirement in its own, unique way.
However, two states that he says do demonstrate successful Family Law systems are North Carolina and Utah.
"North Carolina is the first state to have a comprehensive domestic relations arbitration act, a collaborative divorce statute and mandatory medication rules," Baer notes. "The Utah legislature passed a mandatory divorce mediation statute effective May 2005, and results have proven very positive in reducing court caseloads, fees for divorce and stress levels of litigants and attorneys.
"It's fascinating that when other countries are plagued with the same problems in their family law systems, they embrace mediation, PDR and FDR for consensual dispute resolution," says Baer, "which resolve most or all problems with litigation and courts in family law situations. Yet in the U.S., litigation and courts are the still the first choice for resolving family law disputes over alternative dispute resolution methods such as mediation and collaborative divorce."
For the U.S. legal system to benefit the public, not the attorneys, Baer believes the government needs to step in to completely overhaul the court system making it more family-friendly and less costly to divorcing parties., Author, Why the US Family Law System is Barbaric, The Daily Journal, 2011
- On April 20, 2012, Linda Bortell, PsyD and I were co-presenters at the 2012 California Psychological Association Convention. The presentation was described as follows:
Dr. Bortell and Mr. Baer will look at the different approaches to divorce, both within and outside of the traditional legal system. They will explore collaboration between attorneys and psychologists that allow those going through a divorce maintain their integrity, sense of dignity, family structure, and minimize the impact on the children.
Learning Objectives:
1.Understand the ways mental health practitioners can ethically and effectively intervene in different roles with a divorcing family
2.Have a greater understanding of collaborative divorce and who would benefit from this process
3.better understand parenting plans and the effects they have on children., Co-Presenter, Facilitating Rational Problem-Solving Into an Otherwise Destructive Divorce Process, California Psychological Association, 2012
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On February 3, 2012, Linda Bortell, PsyD and I were the featured presenters at the San Gabriel Valley Psychological Association's monthly lunch meeting. The presentation was described as follows:
Dr. Bortell and Mr. Baer will look at the different approaches to divorce, both within and outside of the traditional legal system. They will explore collaboration between attorneys and psychologists that allow those going through a divorce maintain their integrity, sense of dignity, family structure, and minimize the impact on the children.
Learning Objectives:
1.Understand the ways mental health practitioners can ethically and effectively intervene in different roles with a divorcing family
2.Have a greater understanding of collaborative divorce and who would benefit from this process
3.better understand parenting plans and the effects they have on children.
, Co-Presenter, Facilitating Rational Problem-Solving Into an Otherwise Destructive Divorce Process, San Gabriel Valley Psychological Association, 2012
- As the Keynote Speaker for the opening night of The Divorce Expo in Detroit, held March 24 and 25th, I talked about the changes I believe are imminent for Family Law in America. With divorces on the rise and reports of domestic violence, common, for those involving child custody disputes, I 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. My 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. I 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, I 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, I 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, I 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 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 I pointed out, "One member of the family should not have so much power to cause such destruction to assets, children, and other family members.", Keynote Speaker, Industry Trends and My Professional Perspective on the Future of Divorce Practice, 2012
- In this article, I described the changes I believe are imminent for Family Law in America. With divorces on the rise and reports of domestic violence, common, for those involving child custody disputes, I explained 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. My article stated as follows: "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, I mentioned that, "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, I explained, 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, I 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 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 I pointed out, "One member of the family should not have so much power to cause such destruction to assets, children, and other family members., Author, Are You Facilitating the Creation of a Post-Divorce Functional or Dysfunctional Family?, The World of Collaborative Practice Magazine, 2012
- In this article, I explained why the following countries have changed the default process for handling family law matters from litigation to mediation and other forms of consensual dispute resolution: Australia, England, Wales, British Columbia. I mentioned that in British Columbia, one of the reasons for changing the default process was the government's finding that litigation can actually be a real trigger for violent behavior. the reason that each of those countries has changed the default process is because otherwise it only takes one person to sink the ship and thus destroy the family. One member of the family should not have this much power and ability to cause so much destruction to their spouse and the other members of their family. , Author, Changing the default for resolving family disputes in America, The Los Angeles Daily Journal and the San Francisco Daily Journal, 2012
Other Outstanding Achievements:
- Since September of 2008, I have been a regular columnist for the San Gabriel Valley Psychological Association's bimonthly newsletter. In April 2010, the SGVPA won the award for most outstanding psychological association newsletter in California from the California Psychological Association and my column was specifically named as a factor in that decision. In May 2010, I started a Blog. My August 10, 2010 Blog on child support received a great deal of attention. As a result, the article was published in the November 2010 edition of Valley Lawyer Magazine, I was profiled in an article entitled "Family Law Par Excellence" in the November/December 2010 edition of the Beverly Hills Bar Association's Newsletter, and was profiled in the March 2011 edition of California Lawyer Magazine.
I have become a prolific published writer and my materials have not only been published in legal publications, but have been in the Los Angeles Times Business Section (also picked up by Time.com and the WSJ) and Forbes.com. I have also been interviewed on a couple of occasions on "Inside the Law" with Manny Medrano on KTLA5. The media's interest in me is my belief that family law is not an island unto itself. Rather, the manner in which family law matters are handled impacts the families involved and society as a whole. My writings and opinions incorporate psychology, sociology, philosophy, economics, and history, among other things.
Newsletters:
- In this article, I explained that judicial bias is often a variable that is often overlooked in family law litigation., Judicial Bias in Family Court, San Gabriel Valley Psychological Association
- In this article, I explained that forcing suffering people to endure frustrated expectations and prolonged ambiguity, as the family law system routinely does, is unquestionably--if passively--malignant, and can be a real trigger for violent behavior. , Domestic Violence as a Tragic Toll of Divorce, San Gabriel Valley Psychological Association
- In this article, I explained that a focus on the background, reputation, integrity, and problem-solving orientation of any given attorney is the best insurance in selecting an attorney to represent you in a legal case and made some suggestions to assist a person in finding a problem-solving attorney.
, Selecting a Positive Solution-Oriented Attorney, San Gabriel Valley Psychological Association
- In this article, I explain that the fact that problem-solving has become a lost art in the practice of law has caused the practice to shift from resolving conflict between parties to creating it., Why Today's Lawyers Are Better At War Than Peace, San Gabriel Valley Psychological Associaton
- In this article, I explain how the psychological aspect of the attorney-client relationship may impact the ultimate outcome of a case., The Importance of Trust in the Attorney/Client Relationship, San Gabriel Valley Psychological Associaton
- In this article, I address the fact that people are making the erroneous assumption that collaborative attorneys are somehow "weak" or "afraid to litigate" in court or otherwise "advocate" for their client., The Misconception That Collaborative Attorneys Fail to Protect Their Clients, San Gabriel Valley Psychological Association
- In this article, I address the fact that in Australia, England and Wales, mediation is the primary means of dispute resolution in family law matters and it is an alternative dispute resolution in the United States., An Uncivilized, Unenlightened and Barbaric System: The U.S. Family Law Court, San Gabriel Valley Psychological Associaton
- In this article, I addressed the fact that, "As much as you want to blame the legal system and the lawyers, if people did not seek out 'pit bull' attorneys to go for the jugular of their spouse/the other parent, those types of attorneys would fail to earn a living and things would change.", Legal Philosophy, San Gabriel Valley Psychological Associaton
- In this article, I discuss the reason why an increasing number of family law attorneys refuse to get involved in the drafting, reviewing, and negotiating of pre and post-marital agreements and why those who do charge such high rates., Why Lawyers Now Avoid Assisting with Pre and Post-Nuptial Agreements, San Gabriel Valley Psychological Associaton
- In this article, I commented on a May 16, 2010 news story entitled, "Many tips on LA's child abuse hotline unresolved.", The Real Problem with the Department of Children and Family Services, San Gabriel Valley Psychological Associaton
- In this article, I discuss the shift in the role of attorneys from peacefully resolving conflict to creating it., The Historical Shift in the Role of Attorneys, San Gabriel Valley Psychological Associaton
- In this article, i discuss the reasons why perjury is not prosecuted and the resulting consequences., Is There a Penalty for Perjury?, San Gabriel Valley Psychological Associaton
- In this article, I compare the following four kinds of divorce: (1) contested divorce; (2) uncontested divorce; (3) mediated divorce; and (4) collaborative divorce., Processes of Divorce - A Comparison, San Gabriel Valley Psychological Associaton
- In this article, I address the public's misconception that "a lawyer who is not ruthlessly aggressive would be a suboptimal choice.", "Pit Bull" Attorneys and Family Law, San Gabriel Valley Psychological Associaton
- This article was part 2 of the 2-part article on selecting the right mediator. In this article, I discussed the 3 styles of mediation and the importance of selecting the right mediator based upon the style most suitable for the particular case., Mediation Process Based on Mediation Style, San Gabriel Valley Psychological Associaton
- This was part 1 of a 2-part article on selecting the right mediation. In this part, I discussed the various options available based upon cost., Mediation Selection Process and Cost, San Gabriel Valley Psychological Associaton
- In this article, I discuss the use of mediation in family law matters., The Use of Mediation in Family Law Matters, San Gabriel Valley Psychological Associaton
- In this article, I express my beliefs about the problems inherent to the judicial process in general, and the problematic nature of judicial selection in particular., Quality of Judges, San Gabriel Valley Psychological Associaton
- In this article, I offer suggestions to assist people in properly interviewing and selecting an attorney., Interviewing and Selecting an Attorney, San Gabriel Valley Psychological Associaton
- In this article, I explain why good communication is vital to successful legal proceedings and in family law matters in particular., The Importance of Constructive Communication in Family Law, San Gabriel Valley Psychological Associaton
- In this article, I explain that a symbiotic relationship exists - or should exist - between family law attorneys and mental health professionals because of the emotions involved., Symbiotic Partners: Psychology and Family Law as Symbiotic Partners, San Gabriel Valley Psychological Associaton
- In this article, I explain why "Divorce is not a game, and in general, the court system is not set up to facilitate reconciliation.", Marital Russian Roulette, San Gabriel Valley Psychological Associaton
Educational Background:
- Loyola Law School (J.D. 1990) University of California, Los Angeles ( B.A. in Economics/Business, cum laude, 1987)