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.
5 Signs Mediation Won’t Work for Your Divorce, According to a Mediation Expert - Dr. jann blackstoneRead Now
A new article on Yahoo.com goes over 5 basic signs that mediation may not prove to be productive.
Dr. Jann Blackstone says they are:
1. There’s So Much Animosity, You Can’t Talk to Each Other
2. There’s a History of Drug or Alcohol Abuse or Domestic Violence
3. There’s a Mental Health Issue
4. There’s No Seeing Eye-to-Eye on Custody
5. One—or Both—Parties Aren’t Willing to Put in the Time Needed to Sort Things Out
For more details and information, click on the link. In the State of Utah, parents seeking divorce are REQUIRED to attempt mediation unless they have a court exception. Just because it might not be productive does not mean you can avoid it all together. If you are looking for a mediator, reach out to us today and schedule your mediation.
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
You don’t have to be a celebrity to get good legal advice. People magazine posted an article by Celebrity Lawyer Laura Wasser. Some of her clients include: Jennifer Garner, Angelina Jolie, Tom Cruise and Kim Kardashian. The main take away is something she says regularly: “try and utilize the three Cs: consideration, cooperation and communication. Adaptation and flexibility is key during this time,” says Wasser, 51. “A big part of this is the communication. Whenever there’s change, you have a situation where people are having to adapt to that change.”
I couldn’t agree more. Although there are plenty of reasons to fight harder during this time, there is also an opportunity to turn in and slow down as well.
Law.com posted an article discussing how fortunate it is that the legal profession can thrive virtually as the many other industries are unable to adapt. They focus a few paragraphs on Mediation specifically and how it is essentially the same as in-person:
The Zoom technology is remarkably easy to use. The virtual mediations I’ve done so far have involved participants covering the entire spectrum of computer prowess, and all have fared quite well. More importantly, the real engine of successful mediations–personal connections—hits on all eight cylinders in the virtual format. Following one recent virtual mediation of a significant injury case, the defense attorney told me how she was able to adjust her comments in the opening by reading the reaction of the plaintiff on the video. Just as with in-person mediations, the real-time feedback is there.
So, from the perspective of our clients, virtual mediations have been an unequivocal success. And I can also say that, from a mediator’s perspective, it is no less so. Success for mediators comes only when we can personally connect with the parties and counsel. A quote attributed to Teddy Roosevelt says, “People don’t care how much you know until they know how much you care.” At the mediation of any significant case, there comes a point when I am leading clients, step by step, to a place that, though necessary to get to, is tough terrain to traverse. If they don’t trust my judgment and motivation, they won’t take my hand. If you had asked me, even weeks ago, if this level of rapport could be established over a virtual medium, I would have said, “No way.” I was wrong. Happily, thankfully, mercifully, I was very wrong.
Done Medation plans to resume all mediations via videoconferencing using Zoom as mentioned in this article. To schedule a mediation for yourself, contact us today.
COVID-19 is forcing us to take things one step at a time... During these uncertain times, it’s good to have plans. One of the most important plans to have in place if you’re a divorced/separated parent, is a PARENTING PLAN. A mediator like me can help you get one in place specific to this Pandemic and the ever evolving adaptations we’re all undergoing. WHO and HOW will at-home education be addressed? WHAT should we tell/not tell the kids about what is going on in the world? These times are hard enough, being on the same page with your co-parent is vital. Contact me today to set up a virtual parenting plan session. #virtual #parenting#covid19 #mediation #parentingplan#custody #kidsfirst #socialdistancing
Write something about yourself. No need to be fancy, just an overview.