mediation


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

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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.

The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce mediation and/or the divorce process. If you are considering a divorce, consult with a professional attorney in your area for further information.

About the author: Daphne Succes Writer, Business Owner, Motivator and Self-Starter Independent Consultant for Passion Parties http://www.daphnespassion.com

Source: http://www.isnare.com/?aid=126056&ca=Relationships



When Do I Need a Lawyer ?

Having done over 1500 mediations, I have had the privilege of working with hundreds of lawyers. With few exceptions I have found them to be men and women of integrity, well intentioned and skillful.

Hiring a lawyer, which I personally have done many times, is sometimes the smartest thing one can do, in a given situation. Let’s take a look at what lawyers are trained to do, how they think, and when their skills can best be utilized.

Combat Specialists

Lawyers work in an atmosphere of combat. They are perceived and act as surrogate champions. That is, they are hired to stand in for a client who does not have the experience, knowledge & skill to stand up to a legal onslaught.

Lawyers talk in terms of death and winner – take – all.

Here are examples of the language that I hear from them. “I killed him in that trial. I am going to wipe her out on the witness stand. I murdered him in front of the judge.”

Parties Are Usually Mad

When people get into a lawsuit, they almost always get mad. They are angry at the perceived wrongs of the other party or they are mad at being attacked and fearful of what losing in the strange world of the court system may cost them.

Add to that the element of greed that sometimes comes into play (suing big Insurance Companies & hospitals for example) and we occasionally (more…)


Who Owes The Credit Card?

THE PLAYERS

Dolly Defendant came to the mediation with her attorney whom we shall call Larry Lawyer.

Hazel Brown  represented Debt Buyer, L.L.C.

The case appeared to be routine – a person who had experienced some hard times and gotten behind on her credit card,  so I moved  through my opening statement  quickly.

BACKGROUND O F THE CASE

Dolly had a credit card, in her name only, to which her husband had charged some of their business items, with her knowledge and permission. They subsequently got a divorce with the agreement and court order  that he would  take this debt after the divorce.

As the years went by, he became affluent and she took a job as an administrative assistant in a dental office and was the primary provider for their three children. He paid on the card after the divorce for some time but quit paying at the time when a $3000 balance remained.

The balance,  growing at 24.9 % (more…)