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DIVORCE MEDIATION
WHAT IS DIVORCE MEDIATION?
Divorce Mediation is another option for divorcing couples. It takes the going court and fighting with lawyers out of the equation. Mediation also keeps the couple in control of all financial and personal issues. A judge is not going to decide financial fates and custody arrangements based on some computer calculation.
NO COURT? HOW DOES MEDIATION WORK?
The mediator is trained to facilitate communication between the divorcing couple; because let's face it - people don't get divorced because they are fabulous at communication. You're going to need a little help in this department in order to get to resolutions.
COMMUNICATION?!?! MY PARTNER IS ABUSIVE AND CONTROLING!
When power struggles are involved mediators are trained to work with the clients to ensure fair practices. Mediator's have been trained to recognize and work with all types of situations.
OKAY, SO WHAT HAPPENS DURING MEDIATION?
Three things will be done in this first meeting:
(1) The mediator will get to know the clients and the clients will get to know the mediator.
(2) Initial paperwork will be reviewed - (See Checklists).
(3) A list of important issues that you want to mediate will be created.
All other mediation sessions will be used to mediate the important issues and check off each topic as you go. You and your spouse can also choose to “try” an agreement out for a few weeks or months and then come back to mediation for revision if needed. Mediation is meant to be flexible to your needs.
WHAT ARE THE BENEFITS TO MEDIATION?
There are three major benefits:
(1) Flexibility: Mediation is incredibly flexible to your situation. It goes as fast or as slow as you want it.
(2) Privacy: Everything done in mediation is kept confidential. Litigated court records are public record. In mediation, the details of your settlement are kept private.
(3) Cost: Mediation is typically cheaper then a litigated divorce.
FAMILY MEDIATION
WHAT IS FAMILY MEDIATION?
Family mediation helps family's readdress topics after a divorce. For example, maybe support payments or custody arrangements need to be revised. Family mediation creates a format within mediation to accomplish this.
HOW DOES FAMILY MEDIATION WORK?
Three things will be done in this first meeting.
(1) The mediator will get to know the clients and the clients will get to know the mediator.
(2) Initial paperwork will be reviewed - (See Checklists).
(3) A list of important issues that you want to mediate will be created.
All other mediation sessions will be used to mediate the important issues and check off each topic as you go. You and your spouse can also choose to “try” an agreement out for a few weeks or months and then come back to mediation for revision if needed. Mediation is meant to be flexible to your needs.
WHAT ARE THE BENEFITS TO FAMILY MEDIATION?
Family mediation is typically less expensive, less invasive, private and the outcome is completely within the family's control.
PRENUPTIAL MEDIATION &
POSTNUPTIAL MEDIATION (MARRIAGE MEDIATION)
WHAT IS PRENUPTIAL MEDIATION?
Prenuptial mediation's purpose is to create a prenuptial agreement. It provides honest discussions regarding how you and your fiance will approach finances to ensure that there won't be any surprises once you are married.
No one ever wants to enforce a premarital agreement, right? But talking about financial issues prior to tying the knot will help you and your fiance handle your finances with minimal conflict during your marriage as well as in case of divorce.
These are hard topics but just remember that not talking about them doesn't make it go away.
WHAT IS POSTNUPTIAL MEDIATION?
Postnuptial mediation's purpose is to create a postnuptial agreement. A postnuptial agreement is to help couples who find themselves in an endless cycle of arguing, find ways to live happily together again.
While this is not counseling, family mediation is a way to create tangible and measurable written agreements that will help your marriage.
WHAT HAPPENS DURING MEDIATION?
Three things will be done in this first meeting.
(1) The mediator will get to know the clients and the clients will get to know the mediator.
(2) Initial paperwork will be reviewed - (See Checklists).
(3) A list of important issues that you want to mediate will be created.
All other mediation sessions will be used to mediate the important issues and check off each topic as you go. You and your spouse can also choose to “try” an agreement out for a few weeks or months and then come back to mediation for revision if needed. Mediation is meant to be flexible to your needs.
Also note that during postnuptial mediation, marriage mediators can see patterns of misunderstandings, miscommunication, and assumptions between the couples that the couple themselves cannot see. In an open and honest way, the marriage mediator uses these observations to work with the couple and help them improve their communications.
HOW CAN PRENUPTIAL MEDIATION HELP ME?
This can't be stressed enough, talking about financial issues in advance will help insure that you handle your finances with minimal conflict during your marriage as well as in case of divorce.
Many couples, particularly in second marriages, wish to enter into an agreement making provision in the event of the termination of their marriage, either by death or divorce.
IS POSTNUPTIAL MEDIATION FOR ME?
Ask yourself if you really want to stay married. If the answer is yes, then yes, postnuptial mediation is worth looking into.
Postnuptial agreements can set a couple on a path towards reconciliation and clarity over issues that are hurting the marriage and can help prevent divorce.
DIVORCE PLANNING
WHAT IS DIVORCE PLANNING?
Divorce planning is just that – Planning for a divorce. Planning for the future is an essential part of every divorce settlement. Separating or divorcing couples often face major financial changes. The bottom line is that two households must survive on the same dollars formerly supporting one. Proper divorce planning can help plan for these changes.
Financial changes are not the only topics discussed. Children’s needs, planning for education/employment, etc, can also be brought to the table for planning.
HOW DOES PLANNING HELP ME?
Knowledge is power. Planning your divorce before you decide whether or not to divorce will provide a sense of power from knowing what will happen if you decide to proceed. Having the confidence of knowledge behind you helps make the divorce process smoother.
FINANCIAL DIVORCE CONSULTING
Many couples or individuals solely want to discuss finances. Having worked with individuals and couples financial lives since 1985, we provide financial consulting services. This can be one or many sessions depending the depth needed. Everything from family budgets, retirements, investments, businesses, debts, etc, can be addressed.
COLLABORATIVE DIVORCE*
Collaborative divorce is the newest method of alternative dispute resolution in family law. It can best be described as a method of practicing law in which the lawyers for both sides (parties) agree to assist the clients to resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation. All of the people involved commit themselves to achieving a negotiated outcome. It is agreed that no litigation will be commenced during the negotiations.
The parties and their lawyers enter into a “Participation Agreement” where it is agreed that if a settlement is not reached, the lawyers will withdraw from the process and not participate in the ensuing litigation. It is understood by all involved that the lawyers’ retainers are limited to settlement negotiations.
The “Participation Agreement” entered into by the parties, sets out the commitments in collaborative divorce. In most cases the Participation Agreement generally contains provisions such as:
- It is agreed that the outstanding issues will be settled in a non-adversarial manner using interest-based negotiation;
- The parties will rely on their lawyers to assist them in reaching the settlement;
- The parties will act in their children’s best interests to promote the relationships between the children and the parties and to minimize any emotional damage to the children as a result of the separation;
- All communications during the process will be constructive and fair, and will not take advantage of any errors made by the other party;
- Neutral experts may be retained;
- The reasons and process for withdrawing from or ending the process;
- The status quo will be maintained in regards to the children and no unilateral changes will be made to assets, insurance coverage's or other matters during the process without consent
The most important element of collaborative divorce is that the lawyers commit to manage the conflict, emotional issues and relationship issues creatively.
The parties and their lawyers engage in four-way meetings. These meetings allow the parties to explore their issues using their own words and feelings.
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Mediation Services
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Mediation services Oak Tree Mediation
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