A cooperative method for resolving divorce and child custody The traditional practice and procedures of divorce and child custody are adversarial by nature and run counter to the more productive cooperative method. Under the traditional practice, the spouses each hire an attorney to argue their respective viewpoints on any disputed issue regarding the division of property or the custody of … [Read more...]

Hiring someone practiced in the art of mediation for divorce can save a lot of heartache and money. Many emotionally draining hours trying to work through inevitable issues can be avoided with the use of this service. If a person wants to preserve emotional health, avoid wasted time, and save money, engaging such a service is critical to meeting those goals. Not many things in life can be more … [Read more...]

Many people ask what the difference is between divorce arbitration and divorce mediation. Mediation means that there will be a third party involved to help the parties come to an agreement through mutual terms. The mediator will be a neutral third party who will not represent either one of the parties involved. Mediation can involve both parties hiring an attorney to represent them while coming … [Read more...]

When dissolving a marriage there are many options, and among them would be using mediators for divorce. What do these types of professionals do? They are trained professionals that act as a third party to help couples work through the aspects of the separation and dissolution of the marriage on mutual terms. It basically comes down to working together to come to an agreement on the aspects of the … [Read more...]

All divorcing couples must come up with a financial plan for their futures when facing Divorce in Texas or elsewhere. In the simplest form, they can do it themselves if little or no assets are involved. If complex, like calculating child support, division of property, tax ramifications, or cash flow for the coming 20 years, using a mediator with financial planning expertise can create a superior … [Read more...]

Research appropriate objective standards prior to the mediation, in order to have it at your disposal at the appropriate time. Ideally, you will obtain various benchmarks to provide additional validity. Your notes should also include some possible alternative solutions to the problem. Such a draft can supply starting points for discussion. Mediations may progress more effectively if very … [Read more...]

Attacks against your status: Sometimes parties to mediation will stoop to tactics such as purposely making you uncomfortable through seating arrangements, temperature or otherwise making you physically ill at ease. This could be a ploy to rush you through mediations. If it is really too uncomfortable, arrange to have the mediations resume at another place and time where objective and principled … [Read more...]

The One-text Procedure: In dispute resolution, a mediator can serve to separate the people from the problems, to prevent personal attacks, suggest some objective standard and help to draft the final agreement based on discussions. This text is called the One-text Procedure. Even if the parties are still far from agreement or refuse to speak, the mediator can “caucus” between the parties, showing … [Read more...]

BATNA In the book “Getting to Yes”, author Roger Fisher creates the acronym BATNA, standing for Best Alternative to Negotiated Agreement. This is your situation should the mediations fail and provides a standard against which to measure any proposed solution. This prevents you from accepting some solution that you would later regret. It’s not actually a “bottom line”, which can inhibit mediations … [Read more...]