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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.
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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.
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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.
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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.


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