Blog - Page 9 of 12 - Weinberger Mediation Center

Tailoring Mediation: Eva and Eric

In our last few posts we have been following three couples attempting to tailor divorce mediation to their own specific needs. Today we are looking at Eric and Eva, a couple in their early forties who have been married for 15 years and have two young children, ages 10 and 12.

In our introductory post, we learned that Eva blames Eric for the breakdown of the marriage. She describes him as a “workaholic” who has long been disconnected from the family. Eric does not contradict this, but says he now wants things to change. He is seeking not just joint legal custody of the children, but also 50/50 shared physical custody. This makes little sense to Eva, who observes that by his own admission, he has never spent much time with the children. She thinks joint legal custody is fair, but does not see shared physical custody as a realistic option. Eric, however, is adamant about this. Read more

Tailoring Mediation: Katherine and Julian Address Their Finances

Today we are going to look at some ways to resolve financial issues in divorce mediation. We met Katherine and Julian in our two previous posts. They are both 33, have no children, and have been married for six years. As we learned last month, they decided to go through marriage counseling to address emotional problems before making a final decision to divorce. If they do divorce, the next question will be whether or not they can use mediation effectively. Read more

Tailoring Mediation: Katherine and Julian

divorce mediation tips Over the next few months, we will follow three couples attempting to mold divorce mediation to their own specific needs. First, we’ll look at Katherine and Julian, both 33 years old, and married for 6 years with no children. When we met this couple in our last post, their marriage had broken down, at least in part due to an affair Katherine had recently revealed to Julian. She insisted that the affair was over and that she wanted to try to save their marriage. Julian, however, was not receptive. He felt hurt, and angry, and wanted only to move on to divorce.

As we saw in our initial post, if this couple proceeds to divorce, they will have significant economic issues to resolve. In our next post, we’ll examine these issues and discuss ways they might be resolved through mediation. Today, however, we are going to consider a more threshold question: Are Julian and Katherine good candidates for mediation? Read more

Tailoring Mediation to Your Needs: Three Stories

In previous posts, we’ve talked about different ways to structure divorce mediation based on various factors. Some of these factors include complicated financial scenarios, family home issues, and child custody disputes. Potential power imbalances or high degrees of conflict between divorcing spouses are also important concerns. Over the next few months, we will introduce three couples, each of whom is dealing with one or more of these issues. Their stories are fictional, but the couples possess multiple characteristics of actual clients. If you have some things in common with any of these couples, you may be able to use their experiences as a blueprint for how to move forward with mediation in your own divorce. Read more

Mediation for Post-Divorce Issues

Couple Meeting with Consultant Mediation can be highly effective for resolving issues in divorce, and it’s also a great option for addressing post-divorce issues. Fortunately, couples who use mediation to negotiate Marital Settlement Agreements (MSA’s) tend to have few post-divorce disagreements. Those who receive orders after contentious court procedures may be more likely to continue to fight over those orders. Whether you originally participated in divorce mediation or not, however, you are free to go to a mediator to resolve any post-divorce disagreements. Such disagreements tend to concern isolated matters which can be resolved in one or two mediation sessions, presenting a much cheaper and less stressful alternative to court. Read more

The Facts Behind Seven Popular Mediation Myths

If you have done any online research for answers to your questions about private mediation, chances are you have come across a great deal of conflicting information. To clear the air, here’s a rundown of the seven most popular “myths” about divorce and family law mediation and the fact about what this out-of-court settlement process really entails.
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Parenting Mediation: Five Tips for Success

Parenting Mediation for Custody and Visitation Disputes

For many parents, making decisions about child custody and parenting can be the toughest part of a separation or divorce. Some divorcing parents also have to deal with multiple financial issues, such as spousal support or division of marital property. Others can resolve such matters fairly simply. Parents who have never been married generally have the easiest time separating financially. Regardless of these differences, however, the emotional aspects of physically dividing a family into two can be devastating. Parenting mediation can be a great forum for parents to air concerns and resolve anxieties while working together to build a successful post-relationship parenting plan. Read more

Mediation and the Family Home

One of the biggest benefits of divorce mediation is that the process helps separating couples create their own solutions rather than simply abiding by the decisions of a judge. This flexibility can be a boon when resolving many common divorce issues, including the issue of what to do with a family home. Mediation participants trying to make difficult decisions can explore multiple options and maintain control over eventual outcomes. Read more

How to Address Power Imbalances in Divorce Mediation

In our two most recent posts, we addressed certain safeguards that may improve mediation’s effectiveness when there is a higher than average level of conflict between participants, including considering a structured mediation process, and taking advantage of pre-mediation coaching. Today we will look at another common aspect of high-conflict divorce mediation: the existence of “power imbalances.” How do power imbalances tend to show up in divorce mediation, and what can mediation participants expect from a mediator in terms of safeguarding against the possibility that a power imbalance might sabotage a potentially successful mediation? Read more

Could You Benefit from Pre-Mediation Coaching?

In our most recent post, we discussed how some divorcing couples might want to take advantage of a more structured mediation process. We mentioned pre-mediation coaching as one aspect of such a process. So what exactly is pre-mediation coaching, who offers it, and who might possibly benefit from it?

What is Pre-Mediation Coaching?

In pre-mediation coaching, a prospective mediation participant meets with the mediator or another professional to prepare for the mediation. The main goals of the preparation are alleviating anxiety regarding the mediation process, rehearsing good communication techniques, and building comfort with the idea of formulating proposals and counter-proposals. Role-playing with a coach can help the participant prepare for issues that may arise during the mediation and practice skills that will help the participant stay on track. These skills include not taking the other party’s positions personally, slowing down and responding logically, and maintaining a focus on the facts and issues at hand. Read more