You'll both have to make a lot of
decisions during the mediation process, so here are five tips to help you and your spouse prepare.
I believe it has primed the parties to be more prepared for managing themselves and making
decisions during the mediation sessions, often resulting in the need for fewer sessions.
Experienced in complex divorce mediation Polly A. Tatum can help you and your spouse make effective
decisions during mediation.
Not exact matches
The fact that the use of the family
mediation profession has declined in the number of cases referred
during the past two years is in part due to poor MoJ and LAA
decisions.
One question that keeps coming up is whether a mediator / arbitrator who learns something
during the
mediation that hurts one party or another can set that information aside
during the arbitration and render a fair
decision, based only on the evidence.
In October 2012, a
decision of the Human Rights Tribunal of Ontario, Tremblay v. 1168531 Ontario Inc., involved an employee of a fast - food restaurant, Trish - Ann Tremblay, who made Facebook postings
during a
mediation.
He is also the developer of the New Ways for Families program, which is being operated in four Family Court systems in the United States and Canada; and the developer of the New Ways for
Mediation method of structuring and engaging high - conflict clients in using simple skills during the mediation to make their own decisions out
Mediation method of structuring and engaging high - conflict clients in using simple skills
during the
mediation to make their own decisions out
mediation to make their own
decisions out of court.
During the course of the
mediation process the divorcing couple will need to make many serious
decisions about their assets and liabilities, parenting and child support, spousal support (if necessary) and the couple's living arrangements.We will focus on the future and make arrangements that take all family members into consideration.
He is also the developer of the New Ways for Families program, which is being operated in four Family Court systems in the United States and Canada; the developer of the New Ways for
Mediation method of structuring and engaging high - conflict clients in using simple skills during the mediation to make their own decisions out of court; and the co-developer of the PatternViewer method of organizing and presenting patterns of high - conflict
Mediation method of structuring and engaging high - conflict clients in using simple skills
during the
mediation to make their own decisions out of court; and the co-developer of the PatternViewer method of organizing and presenting patterns of high - conflict
mediation to make their own
decisions out of court; and the co-developer of the PatternViewer method of organizing and presenting patterns of high - conflict behavior.
Mediators with backgrounds in law or mental health (or other areas) do not represent or counsel
mediation clients
during the family
mediation process, but rather serve as neutral facilitators of the
decision - making process.
Mediation helps parents (and or other family members) make their
decisions about the basic parenting plan schedule and other related changes as the family reconfigures
during and after the divorce (or at times in non-divorce related situations).
A family mediator with a background in law does not represent clients
during the
mediation process, but rather serve as neutral facilitators of the
decision - making process.
Statutory requirements for the permanent parenting plan include listing out in detail the responsibilities of each parent with respect to
decision - making; to where the children will sleep
during weekdays, weekends, and holidays; to educational
decisions; to financial support; to the procedure by which the parents will handle disagreements (most parties will choose mandatory
mediation); and to any other important child development issues.
This agreement is based upon all
decisions made
during the
Mediation process.
The most common mistakes attorneys and clients make
during a divorce include not considering the tax consequences of a settlement, allowing family and friends to interfere with
decisions, allowing emotions to dictate
decisions, forgetting you may need cash after the divorce, not securing divorce payments with insurance, trying to hide facts or assets, quitting a job to get more child support or alimony, failing to prepare for settlement negotiations or
mediation, dating
during a divorce, putting the children in the middle of the divorce, getting emotionally attached to an assets, and neglecting post-divorce financial planning.
During mediation, the parents will meet with a neutral third party who will attempt to help the parents reach a
decision on their own terms, instead of the judge making the
decision for them.
Common divorce mistakes clients make include forgetting about taxes, allowing friends and family to influence them, letting your emotions control your
decisions, not considering the liquidity of assets you receive in the divorce, not securing support payments with insurance, trying to hide assets, quitting work to get more support, not being prepared for settlement negotiations or
mediation, dating
during the divorce, using the children as bargaining chips, getting emotionally attached to assets, and neglecting post-divorce financial planning.
After all issues have been resolved, all
decisions made
during the
mediation may be drafted into a Separation Agreement.
A divorce mediator does not represent clients
during the
mediation process, but rather serve as neutral facilitators of the
decision - making process.
If the parties can not agree to a visitation arrangement
during mediation, the judge will make a
decision based on the evidence presented
during the hearing.
The Family Mediator shall facilitate full and accurate disclosure and the acquisition and development of information
during mediation so that the participants can make informed
decisions.
In addition to a lower cost,
mediation also often gives families more privacy
during the divorce process and allows couples to take legal
decisions out of the hands of a judge.
Another hallmark of Baltimore
Mediation services is the full comprehensive summary we provide after each session to capture essential ideas, identified barriers, issues, options, consensus,
decisions, and action steps generated
during the session.
You may discuss your feelings about the marriage and the
decision to divorce
during the process, but the goal of
mediation is to reach agreements that will help you, your ex, and your children (if any) adjust to the divorce — and resolve future issues together.
The mediator should facilitate full and accurate disclosure and the acquisition and development of information
during mediation so that the participants can make informed
decisions.
During the course of the
mediation process the divorcing couple will need to make many serious
decisions about their assets and liabilities, parenting and child support, spousal support (if necessary) and the couple's living arrangements.
Usually,
during mediation, I don't have the power to make
decisions (and why should I?
The Collaborative Law and
mediation processes empower families to be autonomous
decision - makers and highlight the unique perspectives and services that child specialists and mental health professionals can offer families
during divorce.
Court Field Trip: At different points
during the
mediation session, you each indicated that you might feel like court would be a good option for resolving some of your impasse issues. Before you make a final
decision as to whether court would be a good option for you, we'd suggest that you make a trip down to the Superior Court at 111 N. Hill Street, 2nd floor, Los Angeles, CA 90012 and see what happens in the family courtrooms. We think it makes sense for you to have all of the information before you make final choices about going to court or not going to court. Without seeing how the court operates, you won't know if it's the best choice for you.
The issues that are typically addressed in
mediation are issues related to children: legal custody and residential custody, visitation, child support, allocation of college expenses for the children, health insurance, life insurance; alimony and spousal support; division of real property, including the family home; division of tangible personal property including motor vehicles, boats, furniture, furnishings, art work, etc.; disposition of other property accumulated
during the marriage, including bank accounts, investment accounts, pension / profit - sharing / retirement accounts, etc.; payment of credit cards and other debts, and tax matters including
decisions relative to filing joint or separate tax returns and claiming the children as dependency deductions.
While I can tell you my understanding of the law and provide you links to resources that will help you get the information you need to make
decisions, I can not and do not give legal advice to either party, other than to say that each party should seek independent legal counsel to answer legal questions that may arise
during the
mediation.
If the parties so desire, the mediator will prepare a written agreement outlining all the
decisions made
during the
mediation process and will make sure that each party receives a copy.
Your divorce lawyer will be there to guide the
decision making process
during any alternate dispute resolution or
mediation sessions, advise you as to your legal rights, and the court's typical reasoning in a given situation, and most importantly to advocate for you and your children.
A skilled mediator will take the time to prepare you in advance of your
mediation so you can focus on making important
decisions during the sessions.