Ideally, each party has come into the mediations with at least two ideas for solutions that would resolve their interests. Additionally, all parties should have open minds at this juncture in order to allow for free exchange of ideas. You may wish to propose two different ideas in one statement in order to avoid appearing committed to either one. Listen with respect to any ideas Listen with … [Read more...]
Archives for 2017
Importance of Communication
Remember to discuss interests and the situation first before proposing solutions or drawing conclusions. Avoid discussing past events, if possible, and concentrate on the future as affected by mediations. If it is possible that some handling of the mediation causes an emotional response from an individual, one of the best methods to defuse the tirade is to apologize. Even if there is no real … [Read more...]
Mediation Planning
As you enter the planning stage of mediation, you still incorporate these principles, generating ideas and deciding on a course of action. You will want to generate additional standards and options for solving the problems that have been outlined during the analysis stage. It is not necessary to establish trust between the negotiating individuals, since an equitable compromise can be reached … [Read more...]
What is Mediation?
Mediation is the process of communicating back and forth in order to reach an agreement. A wise agreement is one which meets the legitimate interests of both parties as closely as possible, resolves conflicting interests fairly, and will be long-lasting. Positional bargaining: Both side take a position, present their arguments, make compromises, and reach an agreement. Since both parties … [Read more...]
Mediation for Divorce
With the advent in1969 of the “no fault” divorce laws in Texas the divorce process entered a new era. One spouse no longer had to be "at fault" to get a divorce. The process remained pretty rigid because just about the only recourse for couples wishing to get divorced was to each retain a lawyer to “do battle” for them. This system is still alive and well today and can be very, very expensive. … [Read more...]
The Role of a Financial Professional in Collaborative Divorce
In order to achieve the most positive settlement possible for their collaborative divorce clients, attorneys often develop a relationship with an experienced financial professional who has the expertise to calculate the future consequences of a proposed settlement. The team of attorney and financial planner combines legal experience and knowledge with financial experience and expertise. This … [Read more...]
How Collaborative Divorce Works
In actual practice, the concepts of the Collaborative Divorce process are the opposite of almost everything attorneys have been trained to do. It demands a definite shift in an attorney’s mindset and methods to successfully handle a case collaboratively. The differences between adversarial and collaborative are profound. The divorcing parties and attorneys also agree to cooperate fully in … [Read more...]
Garage Sale Litigation
In the July 2011 Divorce Magazine, there was an article entitled "Highland Park's Finest Garage Sale." The article read "Our next door neighbor recently held a garage sale. At the edge of the driveway, she'd placed a cushion-less leather couch. 'Where are the cushions?' I asked when I walked over. "The answer came not from the owner herself, but from a second neighbor after an awkward silence. … [Read more...]
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