Monthly Archives: December 2011

Divorce Mediation – 10 Necessary Steps To Avoid A Painful Mediation PRocess

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Smith, Wykes & Oncken, P.C., Attorneys at Law, Sycamore, Illinois ...

1. Understand the Divorce Mediation Process

Mediation is a practice where couples planning to split meet out of court and resolve their issues. The process is facilitated by a qualified mediator who compiles the final draft of the divorce declaration that is acceptable to both parties. Over the course of several sessions, issues such as child custody, property rights, and financial issues are sorted through. The mediator is not there to provide legal advice. Some tips:

  • If possible, talk with people you know who have gone through mediation
  • Be realistic about your temperament; are you going to be able to sit in the same room with your spouse and calmly make these important decisions and consolations?
    • Talk with a psychologist if you have one.

2 – Choosing a Mediator

Choosing a qualified mediator who meshes with your personality will play a key role in successful divorce mediation. There are many sources you may utilize the help find a mediator to interview such as:

  • Internet Search Engines – just type in divorce mediator, your city into your favorite search engine
  • The yellow pages
  • Ask your attorney
  • Ask your therapist
  • Ask your pastor, rabbi, or other clergy member
  • State mediation associates
  • Etc.

Here are some things to consider when choosing a mediator

  • What training has the mediator completed?
  • How many years has the mediator been practicing?
  • How many successful divorce specific cases have they mediated?
  • How many divorce specific cases dropped out of mediation?
  • Do they provided a list of references?
  • Have they been published, trained other mediators, been asked to speak, or served on association boards?
  • What are the fees?
  • Do they offer a free consultation?

About the author: Mathew Sheasby is a high profile family law attorney serving the Inland Empire. A Certified Family Law Specialist, licensed by the California State Bar Board of Specialization, he also serves as Judge Pro Tem for the San Bernardino County court system.

With his reputation as an aggressive trial attorney and a history of successfully representing clients in high conflict, high asset custody and divorce cases, Mr. Sheasby is known for his ability to balance his clients’ needs and financial considerations with complex legal issues in the context of the litigation. His litigation expertise also prevails in the firm’s Civil Litigation division, representing a wide variety of consumers, businesses and their needs.

For more information on the Divorce Mediation process, please see his blog article series: How to Make the Most of Your Divorce Mediation: Child Custody Arrangements

Source: http://www.articlesbase.com/law-articles/divorce-mediation-10-necessary-steps-to-avoid-a-painful-mediation-process-2948128.html

 

Mediation In Litigated Divorce Cases: The One Thing You Need To Get Rid Of Before You Go Into Mediation (part 1)

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Divorce Mediation Florida Child Custody Mediator Janet Langjahr ...

As a certified family mediator and family attorney, I often hear this from clients in the middle of mediating a litigated family case as they’re considering the latest offer from the other party, “I’ll take this offer, I just want this thing to be over.”

The thing the client wants to get rid of is the legal action.

That statement is usually followed by a comment about how the client can’t take it anymore, can’t take the tension and uncertainty generated by the case, the preparation for trial or depositions, and the money it is costing him or her to continue in litigation, etc.

The feeling of desperation and the hope for relief is clearly palpable in their words.

About the author: For more information on mediation, visit http://www.peacefulfamilyoptions.info

Vivian C. Rodriguez is a national consultant on case strategy on litigation and alternative dispute resolutions for parties headed for divorce court to avoid expensive and emotionally frustrating divorces. In Florida she is a family trial attorney and certified family mediator.

Source: http://www.articlesbase.com/divorce-articles/mediation-in-litigated-divorce-cases-the-one-thing-you-need-to-get-rid-of-before-you-go-into-mediation-part-1-450348.html

 

Why Acrimonious Divorces Should Be Avoided

This entry was posted in Mediation in the News and tagged mediation vs divorce on by
Divorce Mediation vs. Divorce Litigation

Acrimonious divorces are prevalent in countries where divorce is allowed.

And why wouldn’t it be when in the first place, most marriages fail because the couples are always arguing and can’t seem to agree on anything. The sad truth with this kind of marriage dissolution is that it only prolongs the agony of both parties. Having to undergo a series of court trials, claims, frivolous motions, accusations and relieving the nasty part of marriage only gives anxiety, sleepless nights, high blood pressure, tensions, and worries. In short, marital dissolution is a complicated case in itself and making it more complicated with an acrimonious divorce will only worsen the scenario.

Keep in mind that no matter how much animosity is present between you and your spouse, you have to know that both of you would only be losers at your marriage’s bitter end. This is due to the many costs that you have to pay if you will decide to bring your divorce to court, and we’re not talking only about money here. A divorce is costly but an acrimonious one is more expensive and it also has more emotional and psychological costs. You have to spend a huge amount of money for your lawyer and even more if it’s going to be tried by a court or a jury. Are you willing to toss a huge amount of money to estrangers or be sane and just split the money between the two of you and to your children? If only you’ve decided to make arrangements and avoid doing your divorce the hard way, things need not be long and complicated. Plus, there’s the emotional and psychological stress caused by your constant bickering and disagreements. The most important part is your children would also be affected by you and your couple’s acrimony which I am sure any parents would not want to happen.

About the author: Tammy Love understands the challenges of surviving infidelity and is now the chief editor of Surviving Infidelity.com . She is now helping those who have suffered Infidelity to survive and thrive and move forward by providing support and a community to help each other through the difficult times.

Contact Tammy to find out more about How to Survive Infidelity and get your free 6 Steps to Surviving Infidelity Report.

Source: http://www.articlesbase.com/infidelity-articles/why-acrimonious-divorces-should-be-avoided-4367172.html