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Facts about Divorce, Wills and Trusts Divorce statistics show that the reasons for getting a divorce vary but the need to plan for what will happen to a divorced person’s property and minor children is consistent. That is why after dealing with divorce, it is important for newly single people to also deal with making…
Many authorities believe that addictions permeate our families and societies, and our mediators’ experience is that most family mediations entail the effects of one or more addictions. Whether a substance addiction that involves the ingestion and dependency on various chemicals such as alcohol and drugs or a process addiction that involves the way in which…
Have you ever taken an airplane ride when you’re up there flying along smoothly and then all of a sudden, out of nowhere you hit turbulence, it gets bumpy, and then you’re bouncing all over the sky? In mediation, the process may be going along smoothly with participants discussing and sorting things out and then…
In mediation, time is money. Recognizing this, we invest about 15 or 20 minutes in the early stages of mediation going over each of the Rules and Procedures which govern Situational™ mediation. Doing this literally saves hours because it provides a map for the mediation. Just as on a road trip, a map helps to…
There has been a longstanding controversy among mediators as to the use of private sessions. While some adhere to a structure in which participants routinely meet in private session and rarely in joint session, others refuse to ever meet privately. Out of Court Solutions mediators spend about 95% of our time in joint session, but…
Informed decision-making by participants is central to the mediation process and my role as mediator. If at any time during mediation we were to conclude that a person was unable or unwilling to participate in this way, we would terminate the mediation. It is important to ensure that both participants clearly understand their prerogative to…
Agreements to child and spousal support are modifiable. Modifiable means that either party can request that the support be increased or decreased if there is a material change in circumstances such as the age of the child/ren, an increase in salary, a job loss, extended illness or disability. If the supported household got a high…
In Arizona the first question to be answered in terms of spousal support is whether either spouse is entitled to it1. There are several grounds for entitlement to spousal support, including: (1) the length of the marriage; (2) the likelihood that the person claiming it could obtain employment that would generate sufficient income to adequately…
Making a Parenting Plan As mediators, we help work through all of the legal, financial, tax, and parenting aspects of divorce. During mediation, parenting arrangements (including legal decision making, time-sharing arrangements and child support) must be formulated1 for minor children. We also prepare a comprehensive Parenting Plan which includes provisions for child support payments, as…
When explaining community property laws during divorce mediation, clients frequently respond: “But he didn’t pay for any of my new car or the monthly payments. It is all coming from my income – you’re saying that he is entitled to half of its value?” or “So you’re saying it doesn’t matter if she was unfaithful?…
As a mediator I provide divorcing couples with legal information as opposed to legal advice. However, wanting my clients to have additional support from an independent attorney if either one or both of them wants it, I also provide my clients with a list of what I call “mediation friendly” attorneys who can give them…
Few events impact one’s life as profoundly as a divorce. During this time, major life decisions are required related to one’s children, finances and living situation, to name a few. Intense emotions often accompany these decisions and discussions; hurt, sadness, frustration and anger are often involved. So, it is no wonder that divorce is estimated…