Monthly Archives: December 2011

Faq: Mediation Vs. Arbitration

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Communication in Contested Divorce vs. Mediation

What is mediation?

Mediation is a voluntary, interactive process where a neutral, third party, trained to facilitate communications and with negotiation skills, helps all the parties try and reach a mutually acceptable resolution to their dispute. In litigation, the judge issues orders on what is to be done during the course of the case. The mediator has no reciprocal powers. In mediation, the parties, with the help of the mediator, work together and decide how to resolve the dispute.

The mediation discussions by the participants are confidential, based on California law. Statements made and documents presented in the mediation may not be used in any later proceeding. With litigation, many aspects of the case become public record. Court litigants have to virtually surrender all elements of privacy regarding their dispute. If the mediating parties are unable to reach an agreement, the mediation process gives them the chance to narrow the issues in the case should they later select litigation.

Mediation reduces costs to parties as it can eliminate the high expenses and fees associated with litigation. Exchange of information is voluntary. Mediation can consume far less time and expedite settlement. This results in additional costs savings by reducing attorney time. There is also the derivative benefit to the mediating parties as they are able to resolve their disagreement and reduce the stress from uncertainty and costs associated with litigation.

What Happens During A Mediation?

The mediator introduces the process and then invites each side to explain the conflict from their own perspective. This allows the mediator to better understand the dispute in order to ask questions designed to clarify the respective issues that need to be resolved. The parties are advised that the mediation process is entirely voluntary, and that they may elect to end discussions at any time. Guidelines for appropriate conduct are detailed, often consisting of not interrupting another person speaking, and being respectful to each others case perspective.

What is the Mediators Role?

The mediator is selected by the parties to act as a neutral facilitator to assist and guide them towards a case resolution. The mediator will not decide who is right or wrong in the dispute. The mediator will not compel the parties or force them into a settlement agreement. A mediator’s technique and approach varies on a case by case basis. Commonly, the mediation will begin in a joint session with all parties present to discuss the issues face-to-face. The mediator’s role is to help maintain the parties focus on these issues during the entire course of the proceeding. The mediator will then hold private sessions with each side talking in greater detail about the respective positions of each party.

About the author: Paul Bielaczyc is a Mediator, an Arbitrator and an Attorney with an extensive background in civil litigation. He has over 20 years experience handling a wide assortment of cases in Santa Barbara County, Ventura County and San Luis Obispo County as well as throughout all of California. In 1989 he started his law career as a sole practitioner and was hired in 1991 as an associate handling all aspects of civil litigation. In 2003, he renewed his work as a sole practitioner taking on injury and property claims while also adding Arbitration and Mediation services. Toview the full bio/profile of Mr. Bielaczycgo to his website at http://www.tricomediate.com or go to the Santa Barbara Superior Court Mediation Program website at http://www.sbcadre.org/bielaczyc.htm.

Source: http://www.articlesbase.com/personal-injury-articles/faq-mediation-vs-arbitration-1898463.html

 

Your Emotional Journey In The Early Days Following Your Relationship Break Up Or Separation-What To Expect!

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You may notice that your emotions are different to other people who are separated. This appears, in part,to depend on who has ended the relationship- whether its you or your ex partner. The person who suggests the relationship is over may have had many months and often years to think about their decision,therefore they have traveled along the emotional road before their partner. They are also feeling different emotions, probably more guilt,relief and sadness , rather than the shock,rejection, anger, grief and confusion of the partner who is left.

“When i hear about relationships between people , or marriages, whatever the case may be, breaking up, for whatever reason, i feel for them-i really do, because i know the pain they are going to go through-everyone goes through it in one way,shape or form. Initially one will hurt more than the other,in the beginning, normally the “dumpee”, the person that gets left behind. The person that leaves, the”dumper”,thinks they’ve done the right thing, and they may have. But at some period of time, maybe at a later stage ,they go through a lot of pain too-in my case 18 months later and i just couldn’t appreciate how that could happen: that after 18 months of me making the “decision”,i was the dumper, thinking I’d “moved on” and living in what I thought was my own “single man’s paradise”,after 18 months i found myself falling apart. So I empathize with people-I think we all suffer through it (a relationship breakdown)

Financial Checklist for People Contemplating Divorce and Separation

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It is a good thing to create a  Financial Checklist for People Contemplating Divorce and Separation.

In any type of divorce process, it is important to document your marital estate. The marital estate generally comprises all assets and debts acquired by either party during the marriage, regardless of title. There are numerous exceptions to this rule, so this issue carefully with your attorney or Mediator.

Regardless of how or who acquired the asset, as long as it was acquired during the marriage, then it needs to be included in the Financial Checklist for People Contemplating Divorce and Separation. Gather information on an asset used during the marriage also, regardless of when it was obtained.

An asset is anything that is worth money! An example would be any real estate, a car, a boat, a valuable piece of artwork, a retirement account, or an investment account. You don’t need to be concerned about loans on the assets (such as your mortgage or a car loan) at this point, because you will be listing all of these debts separately.

The result will be your “net” marital estate.

Here is a brief checklist to help guide you with this process. It is by no means a comprehensive list, so anticipate that your attorney or Mediator will need more information, but it is a good starting place.
Financial Checklist for People Contemplating Divorce and Separation
Income/ Assets:
• Income tax returns for the previous five years
• Retirement account statements; one from the date of marriage, one current.
• Estimated valuation of all real estate acquired during the marriage
• Estimated value of the marital residence, if owned
• Statements from current investment accounts
• Statements from college savings accounts for minor children
• Estimated (Blue Book) value of all automobiles
• Itemization of all valuable artwork, jewelry, etc. with estimate of values
• Copies of all trusts
• Copies of all whole life insurance policies or annuities
• Recent statements from whole life and annuity policies
• Copies of all corporate papers; Sub S Corp’s, LLC’s etc.

Debts
• Current credit card statements
• Current mortgage balances (1st, 2nd, 3rd, etc….)
• Automobile loans
• Promissory notes
• Student loans
• Secured loans
• Other debts and obligations (unsecured)

In complicated cases, a financial professional may be called on to assist in evaluating the worth of the marital estate. In the less complicated cases, you and your lawyer or Mediator can evaluate the worth using an Excell or Numbers spreadsheet, or just a pencil and paper!

What it all comes down to is that you want to identify everything that was acquired during the marriage, or used as marital property during the marriage no matter how it was acquired.

HOT TIP:   If you are interested in saving money, you need to have this information as well organized as possible for your attorney or financial professional or before you come for Mediation. You will be paying by the hour for this service, so the less time needed to spend organizing your financial matters, the less money you will pay!

Also, if saving money and privacy and a quick divorce is important to you, be sure to get in  touch with Jerry Cosby of Texas Mediation Group today.