How to Make Divorce Mediation Work For You

Your life was building with a marriage, career and growing family, but now it’s not. Divorce isn’t merely a thought. It’s what’s happening. You’re sad, angry, and resentful, but you don’t want to create more destruction before it officially ends. If you want to end your marriage amicably and you and your soon-to-be ex are on good terms, divorce mediation is often the best path forward.

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Timing is Everything Again

They say that in real estate the key is “location, location, location.” It could certainly be argued that in mediation the parallel is “Timing, timing, timing.” I have fallen into the trap of having a couple come to me for mediation and agree to start the process but then not following up with them about the issue of timing. That is, were they prepared to start the mediation process? Were they ready to divorce? And, were they ready to have difficult conversations? I simply assumed that they were both ready to “proceed.” You know what they say about assumptions. I have come to learn and believe that in every case, whether it seems obvious or not, we should inquire about the issue of the parties’ readiness and the timing/pace of the mediation and maybe even go so far as to get an informal agreement from the parties about the pace at which they want to proceed. This may be easy and straightforward or it may be the first difficult issue the parties address. Sweeping it under the carpet will only come back to bite you and your clients.

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Rebuilding communication after separation

Once parents have moved beyond the realms of court proceedings, it is important to consider how they can develop healthy channels of communication for the benefit of the child(ren) involved and to support healthy coparenting. Continuing child arrangements necessitate a reasonable level of communication between separated parties.

It is common to have concerns regarding contact arrangements, particularly where such arrangements did not exist previously. The restrictions on movement introduced as a result of the Covid-19 pandemic can causes some added strain. However, it is important that children are able to have a healthy relationship with both parents and that both parents are able to effectively manage plans between two households. A number of platforms, accessible on the internet and also as via mobile apps, have now been introduced which are intended to help facilitate coparenting and supporting better relationships.

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Three Words: Mediation, Arbitration, and Conciliation

Mediation. Arbitration. Conciliation. Three words that sound alike and come up frequently in the family law context but have different meanings and implications. I could write a blog post on each one, but here is the “down and dirty” on what you need to know about each one so you can talk intelligently with either your spouse or a lawyer and do not get tripped up along the way.

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Divorce During COVID – How We Have Adapted

Like almost everything else in life, the COVID-19 pandemic has greatly altered the practice of family law. With court closures and social distancing measures, the court system, attorneys, and clients have turned to technology to keep the legal process moving along. Family law matters such as divorce and paternity can be difficult and complex, so the idea of using a virtual meeting platform, like Zoom, for attorney-client consultations, mediations, and hearings was initially met with skepticism. As a client, you may wonder, as we once did, whether these meetings and proceedings can be effective if they are not handled in person. After all, divorce and paternity matters often involve highly sensitive issues such as parenting, time-sharing, child support, and alimony. A strong client-attorney bond built on human interaction and connection can provide you with much-needed support during such an emotional and challenging time.

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Will Mediation And Private Judges End The Uncivility Of In-Court Family Law Litigation Post COVID?

Parents across the globe have been in uncivil “wars” with each other ad infinitum once societal rules and more financially accessible divorces allowed for parents to separate or divorce and children to live in separate households.

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Family mediation in a pandemic - the challenges and opportunities for separating couples

The past year has caused each of us to reflect on what is most important in our lives. Family. Friends. Freedom. It has also made us look forward, to life post-pandemic; and this, along with the pressures of lockdown, home-schooling, and everything else 2020 had to chuck at us, has understandably resulted in lots of couples deciding to go their separate ways.

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Beginning at the End: How mediation can take couples along the pathway to a binding court order

Many couples welcome mediation as a chance to sort out matters directly with each other, rather than discuss matters at arms length via third parties, or go to court. However they also want matters to have a final and binding outcome, and they frequently assume that mediation will not be able to help them with that.

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How can family mediation help you?

Mediation offers a supportive, flexible and cost-effective way for people to address matters relating to their family on separation.

Those issues can include:

  • the ongoing parenting arrangements for any children

  • child maintenance payments

  • the division of finances (for example any property, savings, pensions or debts that the parties’ have)

  • the practical arrangements for separating including interim finances

  • communication now and in the future.

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Mediation - speak freely, listen, understand, then problem solve

As #familymediationweek draws to a close, David Emmerson discusses mediation in more depth and looks at some of its advantages for families. Mediation can be a transcendental experience, especially with one of Anthony Gold’s 5 family mediators.

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More couples seeking relationship help after COVID-19 lockdowns

More couples are seeking advice on separation after months of pressure and isolation brought on by the coronavirus pandemic.

National information and mediation group The Separation Guide has reported an 87 per cent increase in couples who are ready to settle their separation in December 2020, compared to the previous year's holiday period.

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Mediation May Help Couples Resolve Conflicts Better Than One-On-One Discussion

No matter how much you love your partner, there are always going to be things about them that get on your nerves. These can be fairly superficial — not liking the way they fold the laundry, for example, or hating their favourite TV show. Other problems can be more serious — fundamental failures to communicate or disagreements on big decisions like having children. There’s also evidence that we continue to repeat these patterns in new relationships, even when we hope to see a change.

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The Difference between Divorce Mediation and Divorce Litigation

One of the foremost stressors of a lifetime is going through a divorce. Conflicts over the division of property, finances, and parenting arrangements can rapidly escalate. However, it doesn’t have to be that way.

Primarily, each person chooses between divorce mediation and divorce litigation. Knowing the difference between the two choices paves the way to an efficient and effective conclusion. At Stevens Law offices, we offer both and are here to clarify the options.

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CAN MEDIATION MAKE DIVORCE EASIER ON CHILDREN

As difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for a child. Parents tend to want what is best for their children and are apprehensive about the effects a potentially long, drawn out court battle can have on the family. One alternative to divorce that some families find success with is divorce mediation. Through mediation, you can often talk through each aspect of your divorce agreement without needing to take things to court or work with multiple lawyers.

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Nova Scotia’s eCourt platform is first online judicial dispute resolution service in Canada

Nova Scotia’s eCourt recently launched online dispute resolution pilot program enables counsel for both parties and the judge to communicate in real time.

The pilot program, which went live in July, aims to allow those with simple family legal issues, such as divorce, child custody, spousal support or child support, to more simply, safely, easily and affordably access the courts to resolve these matters, stated the news release from the Nova Scotia government.

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Low-Cost Divorce is Possible. Here’s How to Keep Costs Down

If you’re getting divorced, you’ve been through enough. The last thing you need now is a $13,000 bill.

The average divorce in the United States costs a whopping $12,900, and many cost tens of thousands more than that.

But divorce doesn’t have to be financially ruinous. A low-cost divorce is possible. We spoke with divorce attorneys who shared their advice on keeping the price tag down.

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How do you get an unwilling partner or spouse to consider Dispute Resolution?

It is not uncommon for parties who have recently separated to have a different emotional response to the breakdown of their relationship. For example, whereas one party may have already accepted it and be keen to explore how to divide assets and property, or discuss the future arrangements for children, the other party may be feeling angry and upset and as such, less able to move forward.

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