Mediation in the News


Understanding Divorce Mediation & Why It Can Be Cost Effective Choice For Couples

Divorce Mediation Fort Worth

Divorce Mediation Fort Worth


When it comes to divorce, many couples assume that they will have to go through a lengthy legal process that is both expensive and emotionally devastating. Divorce mediation, which is an informal legal process, is one alternate to an otherwise costly trial. As the name implies, mediation is the process where a neutral third-party presides over the agreement of a divorce as made between a husband and wife.

Not only is divorce mediation a faster process than a trial case, it can also be much less expensive. Whereas a trial procedure can last for months or even years, a divorce settled through mediation can often conclude in much less time providing both parties are cooperative during the discovery process and are flexible as to when mediation meetings can be held. Although informal, the mediation process is very much a legal process and must be approached accordingly. Because the mediator is impartial, both the husband and wife are often encouraged to seek the independent advice of a divorce attorney. Whether it’s simply to be present during the mediation process or to offer recommendations and help to make their client aware of his/her rights, a divorce lawyer may help the mediation process to move forward in a timely manner.

So, just what makes divorce mediation more affordable than a court trial? For one thing, the attorney fees will be less expensive because of less research, time and not having to record depositions. The more time your attorney spends working on a case and the more research he/she is required to do, the higher the attorney fees will be. Regardless of the approach, a divorce is an expensive process. The good news is, however, that there are ways to keep the costs at a minimum and one of those ways is through divorce mediation.

In order to effectively complete a divorce through mediation, both parties must be willing to attend regular appointments with the mediator and should also be cooperative throughout the discovery process and questioning. Topics that require agreement include, among others, alimony, the division of assets and child custody. Once both parties agree to the terms of their divorce mediation, a court date will be scheduled for the final hearing.


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

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)

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