Posts tagged with "family law mediation"

The Benefits of Family Law Mediation

What are the Benefits of Family Law Mediation

Mediation is more popular than ever. Parties use mediation in many settings including divorce and custody matters. The benefits of family law mediation are both financial and emotional. Family law mediation is a constructive and alternative approach to resolving conflicts arising in family matters. In essence, it is a voluntary process where an impartial third party, the mediator, assists disputing family members in reaching mutually acceptable agreements. This method is particularly prevalent in cases involving divorce, child custody, visitation rights, and spousal support. Mediation has financial benefits when compared to expensive litigation.

The Role of the Family Law Mediator

The family law mediator facilitates communication, helps parties identify their interests and concerns, and guides them in generating viable solutions. Unlike traditional litigation, family law mediation promotes open dialogue and empowers individuals. Parties actively participate in crafting resolutions that align with their unique circumstances. Mediation proves to be a more amicable and cost-effective option. Families believe mediation fosters a cooperative environment that can be crucial for preserving relationships, especially when children are involved.

The Advantages of Family Law Mediation

In addition to financial benefits, another key advantage of family law mediation is its flexibility. The process allows families to tailor solutions to their specific needs and concerns. Mediation is empowering, fostering a sense of ownership over the outcome. Moreover, mediation tends to be less adversarial than litigation. Mediators strive to reduce the emotional toll on all parties involved. By providing a forum for open communication and collaboration, family law mediation offers a more dignified and less contentious path to resolving disputes. Families aim for successful outcomes that prioritize the well-being of all family members involved. In divorce and custody situations, family law mediation is proven to be affordable and less contentious than litigation.

If you have any questions about family law mediation, divorce, or any other family law matter, contact Maya Murphy, P.C. at (203) 221- 3100 or email JMaya@mayalaw.com. We offer free consultations with any of our skilled professionals.

Marital Mediation Can Save Your Marriage

The Difference between Marital Mediation and Divorce Mediation

The difference between marital mediation and divorce mediation is fairly obvious. Divorce mediation involves working with an impartial divorce mediator and your spouse to arrive at an agreement when you decide to divorce. A couple who chooses marital mediation have decided to stay together and not divorce. A couple wants to work together to strengthen the marriage and avoid divorce. In divorce mediation, a couple looks to the mediator for help understanding the divorce process and reaching a divorce settlement. Couples interested in marital mediation are looking for a safe place to discuss problems in the marriage. Common problems are co-parenting differences, financial concerns, and sharing household responsibilities. Unlike marriage counseling, in marital mediation the focus is more on solving problems rather than rehashing the past and placing blame. Marital mediation focuses on practical solutions which are then put into a written agreement by the mediator.

Who is Marital Mediation For?

Marital mediation is for couples planning to marry, already married, and in some cases, couples contemplating divorce. Couples may have been through marriage counseling which proved unsuccessful to elicit the changes they each want to better the relationship. One or both spouses may be on the fence whether to divorce or stay together. Marital mediation is a process couples find more appealing than therapy or marriage counseling. In marital mediation the focus is on solutions and less on the emotional reasons behind their marital problems.

When the Status Quo in the Marriage No Longer Works

Many couples do not want to divorce, but the status quo no longer works. One or both spouses are just not happy. With marital mediation, the mediator helps the couple talk about what each wants and needs in the marriage. Common concerns raised during marital mediation can be parenting styles, spending habits, financial concerns, and saving for retirement. Sometimes called, relationship mediation, marital mediation with an attorney mediator is a place to problem solve. It is often not helpful to rehash the past where blame and anger becomes the focus. The mediator will guide the couple away from the negative and toward more positive solutions.

The Role of the Mediator in Marital Mediation

The mediator helps facilitate discussion and create a safe environment where a couple can be open and honest with one another about the marriage. A couple discusses their concerns and arrives at solutions and goals to better the marriage. Now it is time to put everything in writing. Having a written document shows commitment and each spouse’s investment in a healthier and happier marriage. The mediator will prepare a legal document where both spouses commit to changing behaviors and reaching common goals to improve the relationship. The couple will memorialize their goals and “asks” in writing, providing a road map when problems arise in the future.

Marital Mediation and Divorce

Despite best efforts, some couples will eventually choose to divorce. Having gone through marital mediation, their divorce may be less acrimonious. If the couple ultimately chooses to divorce, they are generally more amicable and aware of why the marriage did not work without placing blame. Marital mediation helped them frame issues, improve their communication and each spouse is better able to listen to the concerns of the other spouse. The benefits of marital mediation will make for a more positive experience when they do eventually separate and divorce.

If you have any questions or would like to meet with one of our experienced divorce and family law attorneys, contact Maya Murphy, P.C. at (203) 221-3100 or email JMaya@mayalaw.com or SWakefield@mayalaw.com. We offer free consultations with all of our skilled attorneys in all areas of legal practice. Marital Mediation is a new service offered by our firm. Contact us today to learn more about our legal services.

Opting for Divorce Mediation

WHY CHOOSE DIVORCE MEDIATION

Before considering litigation, couples should always keep an open mind about divorce mediation. Cases that resolve without having to go through court, a trial or arbitration can often save the parties time and money.

Mediation is voluntary and non-binding. Mediation is a voluntary process. Parties agree to use a private third-party to help settle their case. People sometimes confuse mediation with arbitration. Much like a judge, the arbitrator makes decisions about the case and decides the case. Arbitration is binding on the parties. On the other hand, a divorce mediator is not deciding any issues about the case. The mediator is hearing both sides’ positions. The mediator then works with the parties toward a resolution that the parties can both agree to. A divorce mediator does not decide issues of the case or make any binding rulings about the case. A mediator is an unbiased, impartial third-party working with the parties to help them reach an agreement about their case.
Mediation takes place with a private mediator in their office and not court. The parties voluntarily agree upon the selection of a divorce mediator. When choosing a divorce mediator, select an attorney with family and divorce law expertise. An experienced lawyer can help frame the issues and move the parties closer to an agreement. Most divorce mediators practice family and divorce law and have a divorce mediation practice as part of their legal services.
Negotiations during the mediation are privileged. Negotiations during mediation cannot be brought up in court or during litigation. The rationale for this rule is that the courts want people to be able to communicate and negotiate freely. In order to assist the divorce mediation process, the discussions and negotiations during the divorce mediation are prevented from being used against the other party. This leads to a better chance at resolving the case.

THE DIVORCE MEDIATOR HELPS SETTLE THE CASE

Settling the case. When selecting a divorce mediator, choose someone you feel comfortable with from the start. The divorce mediator is not there to make friends, however you do want to work with someone you like and who is attentive, supportive, and impartial. Be cautious of selecting a mediator if they believe you more than the other side, or make a value judgment about the case or people involved. The mediator’s role is to guide you through the divorce process, facilitate discussion, and assist in reaching a resolution. A successful mediator is able to have each party questioning the strength of their case and focus on shared goals. A successful mediation leaves the parties feeling that they have been heard and their needs have been addressed. It is important to reach common ground so both sides will abide by the terms of their agreement.
Even if the case does not settle with mediation, it could still be a success. Divorce mediation is a process. It is hard to settle cases in one day or even several months. Sometimes it is clear during the mediation the parties cannot reach an agreement. Sometimes it takes the divorce mediator working with the parties for weeks or months to arrive at a settlement Even if it takes longer than expected, it is still a better option than litigation which can last a year or more.
What if the case does not settle. It is still beneficial for the parties to start in mediation rather than going straight to litigation. Mediation is a way to see where there is agreement and then narrow down the issues. If the mediation ends, the parties can continue working toward an agreement with the assistance of their own individual lawyers and still avoid litigation.

CONCLUSION:

Couples often choose divorce mediation because mediation is faster, less expensive and less contentious than a traditional litigated divorce process. Mediation is also often a “one-stop” option for couples, as the divorce mediator prepares the full divorce settlement agreement and provides the paperwork necessary for the divorce to become final with a court. Contact Joseph Maya and the other attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@mayalw.com with questions regarding divorce mediation.

Written by: S. Wakefield – Maya Murphy, PC. – SWakefield@mayalaw.com.

If you have any questions or would like to speak to a divorce mediator or a divorce or family law attorney, please contact Maya Murphy, P.C. at (203) 221- 3100 or email JMaya@Mayalaw.com. We offer free consultations to discuss divorce mediation and all other areas of practice offered at the firm. https://www.mayalaw.com