|
|
|
Divorce Mediation
| |
The purpose of mediation is for both husband
and wife to come to a mutually acceptable settlement. The mediator
does no individual counseling, and is limited to gathering data, setting
the ground rules, and keeping both parties on track. Throughout mediation,
alternative solutions are offered, issues are clarified, and a settlement
is arrived at. If you and your spouse are communicating, then mediation
should be explored.
Mediation doesn't eliminate your need for a competent lawyer. It does
require voluntary participation of both husband and wife. Mediators
can be retired or active family law commissioners or judges, a lawyer
who is skilled in family law, or a lawyer who is skilled in family
law and has some counseling background. Mediators can also be psychologists
or other professionals who have been trained in mediation. (Click
here to continue)
|
Mediation is recommended for parents who are in conflict, each
taking a position with regard to a parenting plan. They are unable
to negotiate between themselves without the discussion deteriorating
and hostility rising. They need a “go-between”, to keep
them on track and the discussion appropriate. Mediation can be helpful
with low to moderate degrees of conflict. Depending on the skills
of the mediator and resolve of the parents, mediation can also work
in high conflict situations. Depending on the issues at hand, a
mediator with training and knowledge of child development and family
issues may offer input or direction to guide the process of negotiation.
In the end, parents remain in control of the outcome. (Click
here to continue)
|
Mediation is a problem-solving approach to negotiation. The mediator
will be trying to convert your issues into problems to be solved,
and then try to help you develop the best options for solving those
problems. The problems of parenting are posed as a series of questions.
How do you develop a method of making decisions for the children?
How do you create a schedule that meets the needs of each of you
and the children? The economic issues are also restated as problems
to be solved. How do you distribute family income so that all family
members can thrive? How do you increase income and/or reduce expenses
to balance expenses and income? In all these questions, there is
neither a single answer nor are there infinite possibilities. The
mediator will push you each to define a broad enough range of options
so that you can find common ground. The mediator will also help
you evaluate the options. Sometimes she will suggest that you consult
outside experts on how well one option works as compared to another.
For example, a child psychologist can help you evaluate how long
a young child can go without seeing her mother or her father without
suffering undue anxiety. Children's sense of time changes with age,
and if the issue is how a child at a particular stage of development
can manage a challenge, the expert will provide help in evaluating
the alternatives. (Click
here to continue)
|
|
  |
The divorce process often starts with
an attorney, a mediator or a financial planner. An attorney provides
legal advice and can assist you if you decide to litigate your case.
A mediator can help you and your spouse negotiate a settlement, thus
bypassing litigation. If a mediator also happens to be an attorney,
he or she can provide legal advice, but most often will provide legal
information only. A divorce financial planner provides financial advice
but not legal advice. He or she can help you understand the financial
realities of your situation, helping you to make financially sound
decisions. The planner will often refer a lawyer or mediator to help
you resolve your situation.
(Click
here to continue) |
Mediation is a voluntary settlement
process that allows you to control your own destiny rather than
leaving your fate to a judge who knows nothing about you or your
spouse. You need never step foot into a courtroom, as all discussions
are held in the safety and comfort of the mediator’s office.
Because of this, mediation is far less costly in both economic and
emotional terms. Couples can save up to 90% over a traditional courtroom
battle by using the mediation process.
Divorce Mediation is a step-by-step
process through which separating couples arrive at a fair agreement
which is acceptable to both parties. It is conducted under the guidance
of a trained professional who helps the couple make their own important
decisions concerning their changing and uncertain future. The mediator
helps you identify the points upon which you already agree and works
from there, with cooperative problem solving, on the issues which
are not so easily disposed of. (Click
here to continue)
|
|
Child behavior problems are not uncommon.
However, when the parents are separated, they in turn can be at
odds on how to manage. At times, each blames the care of the other
and custody and access are again contested.
The challenge in mediation is helping
both parents understand and appreciate they are both right. The
difficulty is overcoming resistance from either parent to except
responsibility for their contribution to their child’s problems.
This not the same as blaming. Both parents are likely quite loving
and appropriately concerned. The process is one of explaining. (Click
here to continue)
|
If you have decided to separate or divorce, mediation is the better
alternative to costly legal battles. Separation and divorce are
among the most painful and disruptive events an individual and family
can experience. Tension quickly develops when divorce is contemplated.
The problems are both financial and emotional, deeply touching all
members of the family.
Mediation aims at reducing this tension, not increasing it. With
the help of the mediator, couples negotiate their own settlement
and learn the techniques for resolving future differences. Mediation
is for couples who want to retain control over the decisions that
affect their lives and don’t want their children caught in
the middle. (Click
here to continue)
|
If you are going through a divorce or are having a custody or visitation
dispute, mediation is an option you should consider. When you go
to court, a judge who doesn’t know you or your children makes
decisions about how you’re all going to share your time. The
outcomes are usually pretty scripted without a lot of creativity.
Mediation puts the power back into the hands of the parents.
In mediation, the parents meet with a neutral mediator (who usually
has background as a lawyer or therapist). The mediator helps the
two parents find solutions that work for their lives, instead of
making those decisions for them as a judge would do. The mediator
encourages you to look at the situation from all angles, think of
possible solutions, and compromise to reach decisions that work
for your family. If you have teens, the mediator may encourage them
to participate in a session and express their opinions about the
parenting schedule. (Click
here to continue)
|
|
|
DivorceInteractive.com tries to provide
quality information, but cannot guarantee the accuracy, completeness or adequacy
of the information, opinions or other content posted on the site. It is not
intended as a substitute for and should not be relied upon as legal, financial,
accounting, tax, medical or other professional advice. It should not be
construed as establishing a professional-client or professional-patient
relationship. The applicability of legal principles is subject to amendment by
the legislature, interpretation by the courts and different application by
different judges and may differ substantially in individual situations or
different states. Before acting on what you have read, it is important to obtain
appropriate professional advice about your particular situation and facts.
Access to and use of DivorceInteractive.com is subject to additional
Terms and Conditions. DivorceInteractive.com
is a secure site and respects your Privacy.
Home |
Advertise With Us |
Professional & Resource Directory
Divorce News | Glossary |
Divorce Discussion Forums
Change Area Code | Terms & Conditions/Legal Disclaimer | Privacy Policy | About Us |
Contact Us
© 2001-2010
DivorceInteractive.com All Rights Reserved.
|