Articles Tagged with mediation

Couples that select mediation are often looking for 3 things: 1) fairness, 2) to make their own decisions, and 3) a more economical way to reach resolution of their marital and family situation.  Continue Reading

Divorce and custody disputes are often material for tabloid front pages. Celebrity splits never seem to fall out of favor in the media, even though there are alternative and appropriate dispute resolution methods designed to minimize the hostility. Headlines for years have centered on Brad Pitt and Angelina Jolie – the once happy Hollywood couple nicknamed Brangelina by the media. The couple filed for divorce almost two years ago, yet updates on their relationship continue.. Just recently, reports came out about a “bitter” custody battle allegedly being waged by Jolie. When two parties go from a seemingly happy relationship to a contentious court battle, it might seem like the hopes for respectful and productive negotiations are gone. This does not have to be the case in a high conflict situation because the collaborative law process has created an environment where the focus is on the children and the structure encourages dignity and respect rather than inflame underlying hostilities.  Continue Reading

Custom-Stock-Photo-for-Blogs-300x200The answer is a resounding Yes!   There are many reasons why consulting attorneys help to create durable, practical agreements through the mediation process.

What follows is a summary of the positive effects of using consulting attorneys: Continue Reading

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
― Martin Luther King Jr.  Continue Reading

When creating a parenting plan, the goal is for both parents to maintain a meaningful relationship with the children unless special circumstances exist.   How can parents develop a viable “50/50” parenting plan? What does equal parenting mean in a “50/50” case? Continue Reading

With so much end of year busyness, it sometimes takes effort to stop for a moment to remember what is important.  I was in the post office last week to send out some holiday presents when one of those moments occurred.[1]  An elderly man slowly walked up to the counter and placed a dime on the counter and stated [to the postal clerk]: “That’s what I owe you.”  The clerk replied: “That wasn’t necessary. You didn’t have to come all the way back.” The man said, “I owed it and I found it in my pocket after I left”.  Continue Reading

I recently watched a new television program focused on a couple divorcing and all that goes with such a life changing event.  A particular episode focused on the couple meeting with a mediator in an effort to talk out the issues.  Towards the end of the meeting, in a very judgmental tone and with all of the non-verbal cues that go with judgment, the mediator asked how the children were taking the news. When it became clear that the couple had not yet told the children, the mediator indicated that they needed to tell the children right away.  This took place without any discussion about how and when this would happen. In fact, the mediator followed up by a straightforward command to “just tell them.” This hit me the wrong way and left me thinking about the process of when to speak to the children about the divorce and the best way to do so.  Continue Reading

OLYMPUS DIGITAL CAMERASocial media serves as an open journal or scrapbook for many people. It allows distant friends to reconnect, family members to keep in touch, and people to share accomplishments. However, social media has also become an easy way for people to get a window into someone’s hobbies, spending habits, and even one’s schedule. In the divorce process, care should be taken so that social media does not frustrate the negotiations.  Continue Reading

The divorce process involves many aspects of the relationship from an emotional and financial standpoint.  The most contentious issues often center on the parties’ finances. Because addressing cash flow and the distribution of assets can create added stress during the divorce process, mediation is often considered as the best alternative to going to court.  In this process, both parties have an opportunity to obtain complete information on the family’s financial situation and make informed decisions about how to move forward.  This is especially important when there is an imbalance in the relationship caused by either a disparity in income or understanding about the finances. Regardless of the reason for the financial imbalance, mediation allows for both parties to have a fair process and equal opportunity for his/her questions and concerns to be heard and addressed while coming to an agreement.  Continue Reading

calendar-series-1-1192580-300x225January is a month that people often decide to make life changes.  If you and your spouse have made the decision to separate or divorce, you may be thinking about how to proceed.  Choosing the right process is an important decision because it will affect how negotiations take place.  There are three main processes: mediation, collaborative law and litigation.  For couples that want to make their own decisions, rather than have a third party decide, the choices that make the most sense are mediation and collaborative law. Negotiations in both of these processes take place outside of the court system in a series of meetings.  In both processes, the couple actively participates and sets its own pace.  Both processes are voluntary, meaning the process can be ended at any time for any reason.  Both processes are also confidential.  That means that discussions and all materials developed for these processes are generally not admissible in any subsequent court or contested proceeding.  Both processes offer a full opportunity to obtain the information needed to make decisions.  Continue Reading