Family
Law Mediation
Mediation is a timely process based on best interests, needs and
reasoning. Going to court is lengthy,
positional and is adversarial.
The
effort of mediation is to provide an inclusive and empowering process
that allows the parties to be a major player in making those important
decisions that they are going to have to live with long term, rather than
settle on what the lawyers agree to as a means to reach agreement.
It is statistically proven that mediated solutions, that are
arrived at through discussion of best interests, are maintained without court
involvement significantly more often than litigated agreements that tend to be
"settled" on as opposed to mutually agreed upon.
This is
achieved through the knowledge that you control the process as well as the outcome.
Mediation
does not provide you with a legally binding agreement. For a legally binding contract, look to the Mediation/Arbitration
tab.
Pre/Post
Nuptial Agreements and Cohabitation Agreements
Nothing
can crash the excitement of upcoming
nuptials like the announced request for one of the partners to sign a
Prenuptial Agreement.
There
are many reasons for someone about to
marry to want the union contracted.
When
marrying in to a family that has
acquired some wealth, parents often have influence over their adult child
regarding inheritance. Many parents
today are looking at the divorce rate and the relatively short length of the
average marriage of young people. It can
seem hurtful, but as these parents consider the hard work they put in to
amassing what might only be the sum total of home equity, they are cringing at
the thought of a new spouse walking away with half of their child’s inheritance
after a few years of marriage.
When
facing a marriage where one or both
partners have children from previous relationships, often there can be conflict
as to who is more entitled than who to inherit what. This can become a very
overwhelming matter to
deal with and I urge caution so as to avoid beginning your life together with
doubt and/or hurt feelings.
Some
people today just think it is the thing
to do. Yet many brides and grooms to be
have entered marriages feeling less than committed because they felt coerced in
to a contract they didn’t want, didn’t feel was necessary and don’t
understand. I recommend seeing a
mediator or a mental health professional with knowledge of family law issues
before sitting down with the lawyer. The
lawyers are there to provide the facts of the law and the contract.
I
have sat down with many couples, prior to
them seeing their respective legal counsel, to assist in negotiating from the
perspective of what is best for them as a couple. We discuss the fears and feelings
of hurt and
anxiety that usually arise from the stigma of being asked to sign a prenup, as
well as the practical matters, which has enabled both partners to enter the
marriage feeling heard, trusted and on equal footing.
Parent-Teen
Mediation
The
Parent-Teen Mediator
provides a creative and effective format for parents and teens
experiencing conflict to come together and resolve their problems. A mediator
provides the forum to assist the family to arrive at mutually acceptable
resolutions to disputes.
While
many families allow the gap
between parents and teens to broaden, most often through a lack of
understanding of the feelings behind each others positions, my clients have
strengthened family unity and saved relationships that were on the verge of
permanent breakdown.
Dont
allow the situation to escalate to
the point of a young person taking on more responsibility than they are
prepared to handle by moving out. It is the parents job, and joy, to make
every effort to educate the family and to provide a safe environment for
communication.