Dolan Family Law recently posted an article detailing what they believe to be the 5 Rules of Success for mediation.
1. Be right but only to a certain extent
2. Address the problem not the person
3. Work with facts
4. Focus on interest, not positions
To read more about these ideas, click on the image.
DONE mediation is here to help bring these and other beneficial aspects of mediation to your case to help you find solutions. Schedule a session of mediation online today.
The article ends by saying:
Not all disputes have to be resolved in court; going through the meditation process is an excellent way to reach a consensus while avoiding the uncertainties of a trial. However, keep in mind that everything must be done right to ensure the success of the mediation process.
At DONE mediation we feel it is absolutely essential that all parties involved understand:
1) What they are agreeing to in Mediation
2) What their alternative options may be
3) That they have a right to have documents reviewed by a legal professional
4) Nothing is binding until it is signed and filed with the court
5) They are not obligated or pressured to agree to anything they don't want to agree to
These are important aspects of every mediation. In one instance of a mediated case gone wrong, CBS Austin reports that an 86 year old Utah rancher faces jail time for being found in violation of his mediation settlement. In the story, the man claims that the settlement agreement was never read to him and he did not understand what he was signing.
Every person involved in mediation has a right to have any agreement reviewed by a legal professional. The ideal agreement/settlement is one in which both parties understand their obligations to the other and have vested interest in being in compliance in order to get what they want.
Did you know that landlord/tenant issues can be mediated? If you are dealing with housing issues either as a landlord or a tenant, these issues can be addressed out of the court room in mediation.
The court process can be lengthy, expensive and stressful. When two parties can come together in good faith, there is often times areas of negotiation that would allow both sides to be heard, and better understood. Courts will only assign monetary judgements, where as, in mediation, both parties have the opportunity to create a payment or settlement plan that fulfills both side's needs.
If you think you could benefit from mediation to work out your housing issue, schedule a session of mediation with DONE mediation today.
abc4 news recently posted a story about the necessity of custody orders for parents who are separating or divorced.
“In order to go to a trial, you have to go to mediation first anyway.” He added that doing this as soon as possible may end up saving couples time, money, and even help to maintain a cordial relationship between parents. “I tell people a lot, if you are already agreeing on almost everything, go to mediation right away before something happens.”
Done Mediation strives to help parents develop clear and concise parenting plans that have enforceable measures to protect children as needed.
The story also says:
Should the cordial relationship among parents sour in the future, the custody order may provide additional security if the police need to become involved. Felt further explained: “If there is no court document, most of the time the police can only say, ‘I’m sorry, there is no order, there is nothing I can do about this. You need to take it to the court.’”
Conflict between parents arises when one or both parties feel that their needs or expectations are not being met by the other. Often times these areas of conflict can be avoided in the first place by having well thought out and clearly defined parenting plans in custody orders.
It is vitally important that co-parents discuss what type of interaction and dynamic they want to have as co-parents. In cases of high-conflict, it is often in the best interests for all parties that there be very limited interaction and clear boundaries to assure the comfort and safety of those bound by that order.
For help with developing or modifying a custody order or parenting plan, contact Done Mediation today or schedule a session of mediation now.
Mediate.com recently published an article titled Top 5 Co-Parenting Apps for Mediation.
Apps are a recent and welcome tool to the world of co-parenting. Juggling schedules, finances, messages between two parties can be difficult and these apps hope to resolve many of those issues.
It is often the case, that co-parents are not able to think far enough ahead when they are in the process of divorce or separation. Their inability to picture an unknowable future will often times have them return to court for a parenting plan modification.
As a mediator, I like to suggest co-parenting tools such as apps to help facilitate coordination and communication when the parties are high conflict or simply disorganized.
It is always helpful to have update on the latest apps and the features they offer.
The Rochester Beacon recently published an article called The Power of Repairing Harm. In that article they site a study by the Utah Law Review in this way:
In many states, restorative justice has become a standard practice to decrease the harm caused by crimes while considering the needs of all those involved—victims, offenders and communities. An analysis published in the Utah Law Review two years ago that drew on data from 50 states found that 45 states have codified restorative justice into statutory law or regulatory law.
In this article, they go on to explain the benefit and the logical wide spread adoption of such forms of justice within the legal system.
It is much appreciated the manner in which mediation services are explained for their undeniable benefits to both parties in legal situations. The outcomes of these ADR cases are so indisputably preferable to legal consequences traditionally imposed by courts.
I found this interesting article on Babygaga.com about "parallel parenting" as opposed to co-parenting. The jist of it is that parallel parenting is ideal in cases where the parents to a child engage in a more business like relationship when it comes to parenting. Co-parenting is only possible when the two parents involved can communicate and work together on a mutually agreed upon parenting plan. When communication and collaboration are not possible, parallel parenting is the next best thing. Read more about parallel parenting here.
I don't often look to celebrities for their life choices, but in this case, it's great to see what ANYONE is doing for co-parenting that WORKS. Co-parenting is such an essential part of an divorce. It requires a lot of planning, communication and coordination.
If you're looking to be inspired, check out this article on insider.com
The Digital Journal posted this about the costs of litigated divorce vs. mediated divorce.
"When going through a divorce process, money is often the last thing people want to add to their list of worries. Choosing to go through a litigated divorce is estimated to cost couples up to $32,000 and that’s if things go well as planned. In most cases, the cases don’t go well and even more money ends up being spent. Thankfully, mediated divorce offers a far more cost-effective alternative as everything can be mediated."
Read more: http://www.digitaljournal.com/pr/4715373#ixzz6Perjnhwq
Digital Journal just posted an article called 'Mediation is the Secret to a Simple and Cost-Effective Divorce.
Naturally, this may seem obvious, but may still be an under utilized option.
In many cases the emotional and mental distress caused by divorce can cause parties to have tunnel vision and render them incapable of thinking through possible alternatives that are less-costly.
"Anger and disappointments are common feelings in most divorce negotiation processes. In most cases, the involved parties have a hard time reaching agreement on divorce issues such as child custody, division of property, child support, and visitation issues among others. However, mediation often provides the divorcing spouses an opportunity to take control of their future lives by resolving the contentious issues without the necessity of litigation."
Read more: http://www.digitaljournal.com/pr/4715373#ixzz6PeqffwL5
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