Mediation, Divorce and Separation Advice

Archive for the ‘family law mediation’ Category

This will not necessarily even be used as evidence in a court of law. We are in mediation(family law case), and I dont want to do anything to jeopardize my case–but using the recordings would virtually insure that the recommendation will go my way. Not a third party conversation – but between myself and the respondent.

I would suggest that you "first off" record any abusive, profane language, threats, in regards to your counterpart.

In most cases it can be submitted as evidence in the courts as the "living conditions" and could back up your statements as to the type person with whom you are associated.

Keep in mind that judges have a keen ear as to the factual preponderance of evidence presented" and have "FULL" rights to allow taped phone conversations that can tilt the scales of justice.

The answer to your question is a certainty YES…even if you have reservations in "doing something wrong" the tape could prove benificial in your delima.

If you currently have an attorney follow my advice and tape the aspects that would show character, of the individual and present this tape to your lawyer.

He/she should review the tape and give you a respond if it is submissable as evidence!

I have witnessed complete reversals based on evidence presented in court w/ taped conversations!

You as a "client" represented by an attorney @ law… have nothing to fear.

Should you not have representation you may present your tape to the "courts clerk" in office prior to the hearing…for review by the presiding judge if you are on the… DOCKET!

Be certain you have case numbers and data printed on the envelope and the judge’s name to the clerk. This person is responsible to see it arrives in the proper hands.

I hope I have helped you in some way…as I’m sure you are in dire need of answers!

As far as mediations…I do not feel its submissively allowed and the mediators would frown on this should you offer.

Your best defense here is "be calm" "no certain outburst" and be willing to listen to the end of conversations, without interrupting!

Hard to do…you betcha!

Just throwed the other in as an added point of interest should this esculate to court action

How does a step-parent sometimes get treated under New Jersey family law? "Under no circumstances is [the step-father] to attend parent-teacher conferences or similar type events. He is not the father and is not to sign or act as such….
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Collaborative law can be a faster option than a traditional divorce or the mediation procedure. Problem sharing and solving through discussion is at the heart of the collaborative process, handing the control of the divorce back to a couple rather than a judge. Collaborative law is fairly new in the UK but is fast becoming popular and may become the normal form of divorce in the future.

Within a traditional divorce case, correspondence is exchanged between opposing family solicitors, and court appearances follow, all at high expense to a divorcing couple. Court appearances can end up being months apart, prolonging the process, which can be draining both on finances and emotions. In collaborative law, parties are encouraged to reach an out of court settlement in an amicable and non-aggressive way – with the extra incentive that if a couple fails to agree, they will have to find new legal advisers. This would increase expense for a couple, who may have fallen into a cycle of recrimination and constant grievance airing. Thus, collaborative law seeks to create a lasting and final settlement, catering for both parties, and especially the needs of any children involved.

During mediation, a couple will meet with a neutral mediator, with no solicitors present. A mediator tries to help a couple reach a solution, but will not offer legal advice to either party, which is not the case in collaborative law. During the collaborative law process, solicitors for both sides are on hand to offer tailored advice to their clients at each stage of discussions. In mediation, solicitors can become involved at too late a point, but collaborative law provides a more structured approach, with a trained family solicitor regularly contacting his client and opposite number to discuss progress and plan meetings.

A further difference between traditional divorce and collaborative law is that of the help of outside professionals. Figures such as accountants and marriage guidance counsellors can be brought in to help create a settlement, and cater for the financial and emotional needs of both sides. Once an agreement is reached, both parties involved will sign the paperwork, and lawyers can then file documents with a court for final approval. In comparison with the often stressful and time consuming process of divorce, collaborative law offers both a speedier resolution, and closure on a troubling chapter of a couples’ lives, and allows them to move on from a marriage.

The whole divorce process is never an easy one. Involving a family law mediator or collaborative law solicitor can help significantly reduce stress and friction from the divorce process.

Bonallack and Bishop (http://www.bishopslaw.co.uk ) are Andover Family Solicitors with considerable experience in advising on Collaborative Law. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in the last 12 years and sees himself as a businessman who owns a law firm.

I need an attorney for post divorce custody issues. I will soon be going thru mediation, then back to court for final ruling on visitation/custody. I am currently living in Chicago, IL, but I need an attorney for Sedgwick county, since that is where the original divorce/custody were filed. Now of course, I would like the best, but please keep in mind, I am no millionaire, so if someone could please recommend an attorney with reasonable rates, but kicks butt in court, that would be great!

Karen Barry West of Floodman, Wagle & West
323 N. Market
(316) 269-1950

I have a Bachelors in Child and Family Studies and want to do a family mediation type business but I don’t know what the laws are for doing this privately. My speciality is husband/wife and parent/teen conflict. If I knew how to set it up it could even be done online I think but again I’m unsure of the laws or where to find out. THANKS

Contact the Court Clerk to see what Licensing requirements have to be met. Try to align yourself with a clinic, hospital, church, school or doctor’s group to get started.

I am just starting out so a free legal directory would be great. I practice family law in Ellicott City MD if that helps. I would like to cover all my areas of law including divorce, separation, child custody, mediation. A free legal directory to submit to would be great.

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Hey! So I just went through the California Mediation process for my daughter. I feel I did well. I was calm, cool, and collective and realize the father was trying to push my buttons. I’m asking for sole legal and physical custody. Yes I’m filing for cs and even offering him visitative (supervised). However, he believes it’s absurd. Hello? He hasn’t seen his daughter nor made know attempt to see her or ask how she is doing. First thing he said in mediation was try to bring me down and saying I was harassing him. I clearly am not. I personally wish to have no contact with him. I told the mediator I was there strictly on behalf of my daughter and what was between us is in the pass. At first he stated in his declaration he wanted nothing. Now he is stating he wants joint legal custody and UNsupervised visitation and both of us go through a psyche evalution. The mediator told him he was hostile and how much psyche evaulution costs. $1,500-$3,000. Yet he makes claims he is ..
claims he is unable to support himself and can’t pay child support. Hmmm… He claims I’ve threatening him and tried to show the mediator papers from his friends about me. The mediator didn’t look at them because all papers submitted must go to all parties. ME! Help! Anyone that has been through the process…Did I do the right thing just by being calm, cool, and collective? I could bring up all the times he has called me/emailed me/ etc etc..but I don’t have that kind of time. It’s not worth it.
All his paperwork contradicts himself and is all over the place. Whereas, mine is consisted. He has threatened me that he was going to put my daughter (The daughter he hasn’t seen up for adoption) and trying to make me seem unstable and unfit. Why do guys do this? My lawyer said he is lucky he is even getting visitation. And he is stating he has lost friends because of me and it’s my fault his life has been hell. I haven’t done anything bad to him but try to include him in his daughter’s life but he choses not to exericise those rights.
Oh and also, he wanted me to leave the room as he talks to the mediator alone. Of course the mediator didn’t allow that. He than started to go off on me stated I how I’ve made his life a living hell. He dominated the room with how hostile he was. I think maybe I was too passive and didn’t say more but all I did say what about my daughter and I. What I request and didn’t talk bad on him at all.
Oh also…..what he had the nerve to say was that I was obessed over him when it took me 4 months to actually go out with him after he persisted on me to date him? Hmmm….He tried to say I was obessive with him? He would call me all the time, text, email me, etc. And he saids I was obessive? Pretty funny…I was laughing inside.
Oh anothing thing that pissed me off on the inside is that he said things like I would break into his place leaving my stuff behind, when he very well knew his roommate let me in and we’re friends. He knew I left my things at his house and he turns it around saying I’m like stalking him. I was biting my tonge hard to not explode at him and put him back in check to know that isn’t true but I kept my cool. I’m just worried about the visitation. I don’t want him to have unsupervised and clearly his actions and behavorior demonstrate he needs supervised visitation.

I think what you did was the right thing.. By letting him "get your goat" so to speak, will prove his case.. Its best to sit back, and bite your tongue.. If he’s that irrational, and hostile, then I dont think even supervised visits are advised until he can get counceling.. I’m afraid that I’m going to have to go through something similiar in Oregon, when my son’s father decides again that he wants to see my son

Excerpt from 25 HOUR BASIC FAMILY MEDIATION TRAINING by Diana Mercer, http://www.peace-talks.com/training.php.

Duration : 0:2:42

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