In our last post, we discussed how individual and shared interests often come into conflict in negotiating prenuptial agreements. We saw how an aggressive attorney representing the wealthier of two engaged partners might produce an initial draft prenup with the potential to derail what would otherwise be a happy marriage. In this post we will talk about how the mediation process can provide a better alternative. Read more
Last month we discussed the predicament of Alan and Cherie, a couple who took their parenting dispute to court. Each of them hired a separate child custody evaluator, and while neither parent was dissatisfied with the ultimate result, both were highly dissatisfied with the level of conflict involved and with both the complexity and the high cost of the procedures. Today, we will look at another couple with a parenting dispute who have decided to take a different approach. Read more
If you are a parent embroiled in a disagreement about post-divorce custody or parenting time, you may be wondering how to get out of the conflict loop. Perhaps an attorney has told you that it is important to take a child focused approach. You may also have learned that the law allows children to have some input into which parent they would rather live with, if the child is old enough and mature enough to reach an intelligent decision. But how much input? And how old is old enough? Read more
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.
In installment IV of our ongoing mediation case study, we saw Derek and Stacey participate in a “caucus” when their child custody discussion became heated. If you are considering mediation in your own divorce case, you might be wondering exactly what a caucus is, and when it is most likely to be appropriate in mediation. Read more
In our last installment of our continuing mediation case study, we left Derek and Stacey in the middle of their second divorce mediation session. They had planned to make child custody the major focus of the session but were derailed early on by a tense discussion concerning the family home. Let’s see if they are able to get back on track after that and address their parenting issues. Read more
One thing people wonder about a lot when it comes to divorce mediation is what actually happens during the sessions. Here at the Weinberger Mediation Center, we’ve been giving you an inside picture with our ongoing series about Stacey and Derek, a divorcing couple going through mediation. To help you gain an even better understanding of what happens in mediation, we’re going to pause from their story now and then to take a closer look at certain aspects of the process. For example, we saw that in their first session, the mediator made an introductory statement that included a review of the mediation “ground rules.”
So what exactly are ground rules, and why do they exist? Read more