Posts Tagged ‘Mediation’
Successful Child Inclusive Mediation In Parenting Cases
March 10, 2011
Standup comedian and star of his own Comedy Central special, Sebastian, shares his thoughts on modern parenting in this DadLabs interview. Though not a Dad himself, Sebastian speaks to Daddy Brad on behalf of the childless, especially the ones that we parents drive completely nuts. DadLabs ep 510 is brought to you by BabyBjorn. www.SebastianLive.com Distributed by Tubemogul.
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Upon the breakdown of a relationship where there are children, if the parents are unable to reach agreement between themselves as to the parenting arrangements for the children, then there is a requirement to participate in mediation prior to contemplating any Court proceedings.
In the community there is a large number of service providers of mediation, most notably Family Relationship Centres which receive government funding to provide a few hour’s free service. The service provided by family relationships centres generally excludes lawyers from participating.
If properly and carefully managed, mediation of parenting issues can not only address the legal issues as to what the parenting arrangements should be, but it can also address other non legal issues which will have a profound impact of the future development of your children.
An example is a recent case we were involved in. Our client, the father of 2 children, came to us after his former wife commenced court proceedings seeking parenting orders. No mediation had been organised prior to the commencement of court proceedings. Our client had been lead to believe elsewhere that he had no option but to litigate the matter. We took a different view after listening to the history of the parenting arrangements post separation, and of the needs of the parties of the children. It was recommended that the parties participate in child inclusive mediation through a private service provider, with the input of a child consultant.
After consulting with the other party’s lawyer, we organised for the parties to be interviewed by the mediator to assess their suitability, and the manner in which the matter would be approached. It was agreed that given the history of conflict between the parties and other issues that the parties’ lawyers would participate in the conference, and that the parties would not be in the same room as one of another. It was also agreed to conduct child inclusive mediation be child inclusive, whereby the children would be interviewed by the child consultant prior to the conference, and the child consultant would provide the parents with feedback about how life was for the children post separation.
When the parents were given feedback from the child consultant it was somewhat. However, the feedback was necessary because the parents had no idea of how their children viewed their world, of the impact upon them of the separation and of their behaviour towards one another, and most importantly the risk it posed to the children’s development towards adult life.
Without hesitation it was agreed the parents would go into family therapy to address various issues concerning themselves and the children as recommended by the child consultant. Whilst this was underway it was agreed that alternative parenting arrangements would be trialled and possibly further child inclusive mediation would be pursued upon the family therapy running its course. It was agreed all round that proceeding to a judicial hearing was in nobody’s interest.
By taking a carefully managed approach and addressing the non-legal/social issues, the parties were embarking upon a pathway which has the best chance of leading to a more
Divorce Mediation for Child Custody
March 2, 2011
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Mediation is one way the courts are trying to cope with the ever increasing divorce rate and courtroom time. Mediation, hopefully, tries to encourage parental cooperation in the battle over custody and visitation rights. A mediator is court appointed and tries to find some middle ground between the divorcing parents and looking out for the best interests of the children.
The bulk of mediation takes place between the two parents with the mediator as a neutral party. It’s his job to see that the children are represented in the decisions of visitation, primarily. Sometimes, schools, doctors, events, etc. can be settled at these sessions.
There are several good points for mediation that judges like other than they don’t physically have to be present. One is that each party has the opportunity to give his or her suggestions for custody issues and visitation schedules. Both parents feel they have some input, thus relieving hostilities, hopefully.
Most states, however, have a formula that the courts start with, such as every other weekend, which holidays and out-of-school vacation times. Another advantage is having a “neutral” person to alleviate the tensions and forestall arguments that may escalate. By keeping the parents focused on the issues, a parental plan can be formed.
Of course, many people see the mediation process as less stressful than having a set time period before an actual judge in an actual courtroom setting. This makes most common people less prone to speaking out when they should, plus a judge really doesn’t want to hear petty arguments of “he said or did” or “she said or did”.
Mediators are there to offer suggestions and techniques to the parents that may not have been thought of before. They help work out compromises and alternatives between the parents. Mediators should be experienced in child custody issues and bring understanding to the process.
The needs of an older child are far different than that of a pre-teen child. An older child believes that he shouldn’t have to see one parent at a given time because of a judge, whom he doesn’t know, orders him to. Mediators explain this sort of behavior to each parent and, hopefully, avoid future suspicions and animosity.
Be sure to look into the possibility of mediation in your area. Ask questions as to who are some of the court mediators being used. Be clear that you want the best interests of your children served and that you will do whatever it takes to ensure their happiness as much as you can.
Do your homework and have a viable plan to present. You have the right to be a part of your children’s lives, not just a “meal ticket”. Mediation is one of the best methods to ensure that your children grow up to be well-adjusted and happy after your upcoming divorce.
Gerald Costa has gone through the divorce and child custody process. I put together an ebook to help those that have to go through a divorce where child custody will become an issue. Find out more Family Law, Child Custody and Custody Battle information at http://www.familylawsecrets.com
Article from articlesbase.com
Military child custody legislation introduced http://bit.ly/eDj3QU – by CareForFamily (Don Hughes)
Working Through Family Issues with Alternative Dispute Resolution, Part I ? Mediation and Settlement Conferences
February 12, 2011
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We use several different forms of Alternative Dispute Resolution (ADR) to try to resolve issues in family law cases prior to trial. When family matters are settled without the necessity of a trial, the parties typically save money and wear and tear on their emotions. Although resolving every issue before a trial is not always possible, many issues can be addressed successfully in advance, removing those matters from the trial agenda.
Here are four forms of motions used in Arizona to request ADR:
1. Motion for Mediation.
2. Motion for ADR Settlement Conference.
3. Motion for Parenting Conference.
4. Motion for Custody Evaluation.
MOTION FOR MEDIATION
Mediation is a confidential ADR process. The parties’ attorneys don’t attend the mediation; in fact what is discussed during the session is not divulged to anyone, not even to the judge. Any agreement reached is documented by the mediator, who then forwards the agreement to the judge to sign as an order.
Arizona‘s Program.
Here’s how to make use the family court’s mediation program, available at nominal cost to the parties. A Motion for Mediation is filed requesting that the court order a conference with a mediator over child custody and access issues. Ideally, this ADR process will result in agreement on some, or all, child custody issues in contention. Whenever possible, the mediator assists the parents in reaching agreements that benefit them both and their children – a win-win situation. Because it takes about two months to schedule the mediation through family court conciliation services, it’s a good idea to file the motion early to set the appointment and avoid unnecessary delays.
Private Mediation.
The parties may choose to hire a private mediator, which usually saves time compared to the two-month wait on the court’s program. The private mediator also assists the parties in reaching agreements, even on issues that might seem non-negotiable. With private mediation, any issue can be presented for mediation, from property distribution to the child’s daycare provider. That really sets private mediation apart from the court’s mediation program which is focused only on parenting issues. Private mediators generally charge by the hour — expect to pay 0 an hour or more for this professional service.
MOTION FOR ADR SETTLEMENT CONFERENCE
When parties don’t reach agreement on financial matters, then they may use private mediation to attempt settlement on those issues. A party might also consider filing a Motion for ADR Settlement Conference. As a quick note, when child custody issues are still remaining in the case, we usually recommend private mediation. But it is possible to combine custody issues with the financial issues presented in the ADR settlement conference.
Not Binding.
A commissioner or judge pro tem is appointed to oversee the settlement conference. He or she gives an opinion on the likelihood of each party’s success, given their respective positions on the issues. (The judge assigned to the case isn’t involved in the settlement conference.) The
Posted in Parenting | 
Tags: Alternative, Conferences, Dispute, Family, Issues, Mediation, Part, Resolution, Settlement, Through, Working | 
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