Legalreader.com recently posted an article about getting divorced in the State of Utah. Many couples who show up at mediation are unaware of the process even when they have legal representation. I encourage all parties in divorce to inform themselves of the process as best they can. This is one of the major life events you will experience and it is important that you move about it with as much information as possible so you can make good decisions.
This article details the basic steps in Utah Divorces:
1) Someone files for divorce
2) Petition, Answer & Counter
3) Waiting period
4) Attorney's fees
5) Parenting Plan & Custody Evaluation
7) Discovery Process
9) Pre-trial Conference
For detailed information about each step click on the image above to be directed to the article. Understand that mediation may be listed as step 6, but it can actually be utilized at ANY step of divorce. Mediation is a place where you can take the time to better understand one another and work together toward a mutually agreed upon resolution. When couples mediate regularly, they learn to trust the process and their partner/co-parent. I cannot stress enough how useful mediation can be amidst conflict and how much happier participants are than when they leave their personal issues up to the courts.
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.
The Salt Lake Tribune recently featured an article that proposed 3 examples of other areas who are approaching issue of Covid relate eviction in different ways.
One of the examples given was was in Philadelphia. Here is what they did:
While Utah officials have justified paying eviction landlord attorney fees for evictions that were started before rental assistance was sought, the City of Brotherly Love took another approach. Philadelphia requires landlords to take part in mediation with renters and to also apply for federal rental assistance before they can file an eviction in court.
Often the parties agree to payment plans so that renters are not expected to pay off arrears all at once.
Creating a space for mediation — where the renters also have legal counsel to advise them — has led to a 90% success rate in terms of renters either staying in their homes, settling on a repayment plan or coming to an “exit strategy” to leave the apartment at a time that works for them, according to program administrator Sue Wasserkrug.
“It’s unburdening the courts and relieves both of the parties of all the stress of going to court,” Wasserkrug says. “It’s providing some certainty and stability for the parties.”
We could not be happier to see the successes of mediation used in this way. Articles like this one are the reason mediation gets it's due credit as a valid form of legal resolution to conflict.
An item of future conflict that is often overlooked when knee-deep in a divorce, is how both parties will address relationships with significant others in the future.
The goal of mediation is to reduce the amount of conflict not only during divorce, but in a way that sets up a good foundation to avoid conflict in the future.
This is a good article with a free worksheet for co-parents to use as a reference. There is a lot to consider when it comes to when and how to introduce a new romantic partner to your co-parent and kids.
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
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.
Using Mediation Techniques to Manage Conflict and Create Healthy Work Environments according to Debra GerardiRead Now
In support of using Mediation in Medicine, an abstract found on PubMed.gov (National Library of Medicine), Debra Gerardi says:
"Healthcare organizations must find ways for managing conflict and developing effective working relationships to create healthy work environments. The effects of unresolved conflict on clinical outcomes, staff retention, and the financial health of the organization lead to many unnecessary costs that divert resources from clinical care. The complexity of delivering critical care services makes conflict resolution difficult. Developing collaborative working relationships helps to manage conflict in complex environments. Working relationships are based on the ability to deal with differences. Dealing with differences requires skill development and techniques for balancing interests and communicating effectively. Techniques used by mediators are effective for resolving disputes and developing working relationships. With practice, these techniques are easily transferable to the clinical setting. Listening for understanding, reframing, elevating the definition of the problem, and forming clear agreements can foster working relationships, decrease the level of conflict, and create healthy work environments that benefit patients and professionals."
Mediation can be used as a tool to improve communication and resolve conflict and tension in any environment. If you have a workplace issue, do not hesitate to contact us and find out how we can help.
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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