Category: Blog

Mediation, or how to end your divorce in the best possible terms.

Divorce is never easy. You’re undoing joint finances, splitting time with children, dividing your possessions, and most importantly, accepting that a relationship that you once hoped would last forever has ended.

The American Psychological Association calculates divorce rates in the United States between 40 and 50%. A study by the University of Maryland – College Park shows higher divorce rates among couples above 45 years of age. As we get older, change becomes a more daunting possibility.

Mediation, or how to end your divorce in the best possible terms.

We are used to the stories of traumatic divorces, the news of bitter disputes and the images of children in movies having to decide in family court which parent they will live with. Many people cringe at that image of divorce, and others might rather stay in an unhappy marriage than put their families and children through the process.

If you’re considering divorce, you should know this doesn’t have to be the way it goes. Do you believe your marriage is over but want to remain friends after the divorce? Do you want to set up an example for your children about how to successfully manage conflict? Mediation is an option for divorcing couples that allow for an easier transition for everyone involved. It keeps everyone out of family court and gives divorcing couples a voice in what they want at the end of the relationship.

Mediation takes the guessing out of divorcing and guarantees that no decisions will be made outside of the divorcing couple’s wishes. It creates room for greater equality in dividing assets and ensures no spouse receives special treatment. Mediation is also confidential, so if you are concerned about what your family, friends, and employers might say or think about you during a divorce process, mediation could be an alternative for you.

Not every couple can go through their divorce process through mediation. When issues like violence and intimidation are part of the reasons for the divorce, mediation is not recommended. Before starting a mediation process, both parties should be very honest with themselves and each other about their ability to stay respectful and open-minded as the process goes on. Anything that threatens open communication will get in the way of a successful mediation.

If you’re wondering if mediation is for you, think about this: you once loved the person you’re divorcing. You may even have children with him or her. Once upon a time, that person might have been your best friend.

Wouldn’t you want your children to see both of their parents happy? Move on with your life without regrets or resentments against the person you once shared a life with? Be genuinely happy for their successes later on?

If the answer to any of those questions is yes, mediation might be for you. Let’s find out together. 

Works Cited

American Psychological Association. “Marriage and Divorce.” Https://www.apa.org, www.apa.org/topics/divorce/. Accessed 11 June 2019.

Miller, Ryan W. “Add Divorce to the List of Things Millennials Are Killing.” USA TODAY, 26 Sept. 2018, www.usatoday.com/story/news/nation-now/2018/09/26/millennials-blame-lower-us-divorce-rate-study/1429494002/. Accessed 11 June 2019.

Thompson, Ph.D., Jeff. “Stories Mediators Tell.” Psychology Today, 17 Sept. 2012, www.psychologytoday.com/us/blog/beyond-words/201209/stories-mediators-tell. Accessed 11 June 2019.

The Pros and Cons of Online Mediation

Divorces are some of the most stressful times any person can go through, as there is a mountain of emotional, familial, and legal issues both persons will have to go through. Why should you go through all those hurdles and hoops to detach yourself from the person you can no longer be with?

The Pros and Cons of Online Mediation

Online mediation is a relatively recent innovation in the unfortunate business of divorce and it uses modern tools and techniques to get a clean break in marriages that just aren’t working out. Online mediation isn’t all that different from in-person mediation, but there are differences between the two that you ought to consider before making a choice between them.

The Pros of Online Mediation

  • Scheduling is much easier.
    • By the virtue of having an online mediator, you, your partner, and the online mediator can more easily coordinate your schedules so that an online meeting can be set up without having to worry about driving here or there or missing out on your child’s recital.
  • It’s less confrontational.
    • Because online mediation happens on the internet, you can be as far away from your partner as you wish. This distance can facilitate a less confrontational environment for you and your partner. In addition to that, because you’d be hosting the mediation online, you may feel more relaxed talking to or about your partner than if they were in the same room as you are.

The Cons of Online Mediation

  • It’s not a traditional meeting.
    • Some folks will have a harder time adjusting to a virtual mediator than they would with one they can talk to face-to-face. If they can’t communicate with a virtual mediator as well as they would with a mediator in-person, than the quality of their communications and the result of the mediation will be likely be worse.
  • Tech Requirements
    • Because online mediation happens online, both partners need a strong and stable internet connection to begin with. If that isn’t available to either partners, than online mediation is not going to work out as well as in-person mediation would.

There are of course other pros and cons to online mediation, but they are no different than what you’d get from an in-person meeting with a mediator. If online mediation sounds like what you need, then please contact us today so we can work together today.

More Tips to Use an Online Mediator for your Divorce

Divorce is a scary word, and it is never easy. Many people love to drag their drama through the court system, though there is a better way. Divorce mediation can help a couple sort through their possessions quicker and easier than going in front of a judge.

That being said, mediation can be the hardest thing that you may ever have to do. Here are some more tips to help you through your online divorce mediation.

More Tips to Use an Online Mediator for your Divorce

Know your financial situation. Finances are often the hardest (after children) part of becoming divorced. You have to go through your bank statements, including your checking and savings accounts. You may have several retirement accounts to divide up. Have a list of your debts too. This may include any loans (mortgage, car, etc.) and credit cards. All of this has to be divided.

Keep mediation sessions for dividing up your possessions. You don’t need to air your dirty laundry to your mediator. He or she is not going to take sides and make sure that one person comes out ahead of the other. He or she is going to help you muddle through the division of your possessions.

Besides, the longer it takes, the more money it is going to cost you. That is another reason to stay on topic during your sessions.

Don’t get emotional. Divorce is extremely emotional, and many couples are dealing with many different emotions – from anger, pain, and disbelief. Sometimes, they all hit you at once.

However, you can’t bring them to your mediation sessions. When you get emotional, you won’t get anywhere. If you feel like you need a moment to catch your breath, take a break. Walk outside and get some fresh air. Come in ready to try again. You will get a lot farther when you are emotionally ready to talk.

Before you even get started, you need to know your financial situation. You need to know what you are dealing with before you can figure out how to divide it. You also need to be prepared for your sessions. You need to stay on topic and don’t get emotional, or you won’t get anywhere!

Contact us to help you get through this difficult time.

What is the Difference between Mediation and Arbitration?

With more and more people turning to the courts to solve disputes, courts have become backlogged with cases. As a result, the courts have tried to fast-track cases by facilitating options for alternative dispute resolution. The two most common types of alternative dispute resolution are mediation and arbitration.

What is the Difference between Mediation and Arbitration?

Mediation is a form of alternative dispute resolution where a neutral third party, a mediator, helps two parties reach an agreement. The third party is supposed to be impartial and cannot make decisions as to who is right or wrong. Even if the parties cannot agree to resolve all of their problems, a mediator can help narrow them down so that the parties can take only the issues they cannot agree on to trial. Mediation is relatively inexpensive in comparison to paying legal fees for going to trial.

Arbitration is also a form of alternative dispute resolution. The difference between arbitration and mediation is that in arbitration, the parties plead their case in front of an arbitrator who decides the outcome. The arbitrator’s decision is binding on the parties, unlike in mediation, where the mediator only helps the parties reach an agreement. It can be difficult to overturn an arbitrator’s decision in many cases. Typically, parties will use arbitration because it was a process agreed to through a contract to avoid going through lengthy and expensive litigation. Many business and employment contracts have arbitration as their choice for dispute resolution because it is binding.

However, if the parties can agree, mediation is the best option. It gives the parties the freedom to craft their own terms and negotiate with one another. If you are in the middle of a legal dispute and you need help sorting out the issues, contact us for more information on how we can assist you with your case today.

Using an Online Mediator for your Divorce

Getting divorced is never easy. Trying to keep your drama out of the courtroom is always the best way, though it can be challenging. For this reason, many people turn to divorce mediation, hoping that they can work out their troubles without ending up in front of a judge. Some people even try to do it online, with some success.

That being said, mediation can be the hardest thing that you may ever have to do. Here are some tips to help you through your online divorce mediation.

Using an Online Mediator for your Divorce

Know what you want, need, and would like. When you start negotiations, it is important to know what are deal breakers for you. What aren’t you willing to negotiate on? Is it the house? The children? The dog? Maybe you got your grandparent’s car and you think that you should be able to keep it.

Then, decide what you would really like, but you are alright with doing some negotiating on. You may also want a list of things that you don’t really care about at all. By doing this, you are coming to the meeting prepared.

Always remember that if you can’t compromise, you are going to end up in court – costing you precious time and money. If you are struggling to get through mediation, it might help to remember that you could be in court. If you keep arguing, you could end up battling in court, so take a deep breath and just try to get through this difficult time.

Get it in writing. It is important that, as you hash out the details of your divorce, you get them in writing. Everything that you decide needs to be put in the contract, even if you think that your spouse will agree to it. It is better to have it written down than be sorry down the line when things change.

Before you even get started, you need to have a plan. What things can you live without and what are deal breakers? You need to have some place to start, and this should help. As you go through mediation, you also need to remember that, if you aren’t willing to give at all, you could end up in court, which will end up costing you a lot more time and money.

Contact us to help you get through this difficult time.

Frisco Divorce Mediator Benefits

Divorce mediation is becoming more and more popular as people want to work through their divorce without going to court. Since we live in an age filled with technology, we don’t even have to be in the same room as our ex-spouse in order to get divorced!

Online divorce mediators can help anyone, though there are some people who benefit more from using someone online. Here are some people who may need (and prefer) this option.

Frisco Divorce Mediator Benefits

Busy professionals. Many people are busy with work, and they don’t want to have to set up time that works for everyone just to get divorced. In fact, busy professionals can go online and negotiate when it works for their schedules. They don’t even have to be on at the same time!

People who have already moved away from each other. There are times when people may separate and move across state lines, making it hard to find the time (and a place) to meet for mediation. They can each go online and work on their negotiations no matter where they are (even if they are traveling for business).

Couples who need space from each other. Many couples really struggle to be in the same room when they are fighting for what they want. This is especially true when children are involved. These couples may do better using online mediation because they can have the space that they need to go over their different options.

Couples dealing with abuse. If one person is afraid of the other, they aren’t going to feel confident in mediation, unless they are separate. These divorces are best done in the (separate) privacy of their own homes.

Divorces done through mediation often save people time and money. Instead of spending weeks (or even months) in a courtroom fighting over their possessions, many can come to an agreement that works for everyone. Online mediation works even better for those that are too busy, live in separate areas, and people who need space from each other.

Contact us to help you get through this difficult time in your life.

Divorce Mediation: Tips to Decide Child Custody

Many parents go through mediation in order to get their divorce settled quickly and efficiently. However, one of the worst parts of dividing up everything is figuring out who should get your children and when. In fact, it can really slow a divorce down. However, it doesn’t have to. Here are some tips to help you decide child custody while you are undergoing mediation.

Divorce Mediation: Tips to Decide Child Custody

Think about your children and their needs. Depending on the ages of your children, they may have different needs. If they are babies, they are going to need their mother, especially if she is breastfeeding.

If they are struggling in school, they are going to need the parent who is best able to help them with it. If they are teenage boys, they may need their father to help them negotiate this stage.

Also, think about who has the time. Even if your children need their father, if you work twelve hour days, you aren’t going to be able to spend the time with them that they need. However, you may want to take them on your days off.

If your wife stayed home to raise them until they went to school, you may want to support her so she can continue to do so.

Work together and be flexible. Once you have a child custody and visitation schedule figured out, it doesn’t mean that it can’t change. If you are both willing to work together and be flexible, it can only help your children.

If it is your weekend, but there is a wedding on the other side of the family, you need to be big enough to let them go. They deserve the experience. If you have a week of vacation and you want to spend it with your children, you can only hope that your ex-spouse will allow you to. By being flexible, you are giving your children the best of both worlds.

It can be hard to give up your children, but it is important that you think about them and their needs. You also need to be realistic with your own abilities. You may not be everything that your children need at this time. They may need you more later.

Contact us to help you through this difficult time.

Tips to Choose the Right Divorce Mediator

Mediation can be a great way for a couple to split up their assets and move on quickly, with less stress and cost. However, in order to do so, you need to choose the right mediator.

Tips to Choose the Right Divorce Mediator

So, how can you make sure that you have the right mediator? Here are some tips to help you find the right one.

Ask your friends and family. Unfortunately, most people know at least one or two people who have gone through a divorce. Some even have probably gone the mediation route so you should start by asking them.

If not, you could always look online. Many people don’t hire anyone without reading reviews, so that is always a good place to start to find a good mediator. However, you can’t place everything on them because one person can’t please everyone. This simply means that everyone is going to have at least one or two bad reviews.

Look for mediators who have gone through cases like yours. If you have children, you are going to want someone who has helped other parents through this difficult time. If you have a lot of money (or hardly any), a mediator who has helped others in similar situations may make the whole process go that much smoother.

You should also choose someone who is trained to deal with conflict. Divorces can get heated (and quickly) so you are going to need someone who is going to be able to keep everything moving even when you hit some of the trickier subjects.

Choosing the right mediator will make a big difference. In fact, the right one can make the whole process go that much smoother. Ask around or look online to find a few options. Then, you need to make sure that they have handled divorces similar to yours.

Contact us to help you through this difficult time.

How Divorce Mediation Works

Mediation can be a blessing when you are going through a divorce. It is a way to divide up your assets without going through the court system. However, in order for your divorce mediation to be successful, it is important that you understand the process. Below we will discuss how divorce mediation works.

How Divorce Mediation Works

Here is what you should expect if you end up going through mediation for your divorce.

First, both parties need to agree to go through mediation. If one of you doesn’t want to, you will have to go to court to hash out your divorce.

Once you start the process, you will likely to talk to a mediator over the phone. At this time, you can talk about your marriage and family. You will also have this time to talk about any background information that they need, as well as the issues that you are most worried about.

Then, you will have the first meeting. During this time, you and your spouse will get to meet the mediator in person. You may work together or be separated for this first meeting in order to get to the bottom of the divorce. The mediator uses this first meeting to get comfortable with both you and your spouse.

During this time, you may be required to sign a confidentiality agreement.

After your first meeting, you will be able to come up with a schedule that works for both of you. You may want to come in weekly or monthly until you are able to divide everything up. It can take as long as you want, though the longer it takes, the more expensive it will be. For this reason, many like to get their issues resolved in just a few sessions.

In order for mediation to work, both parties have to want it. They have to be ready to go to meetings with the mediator to divide everything up. You can get it done quickly or it could last for months if you want it to.

Contact us to help you through this process.

Times when Divorce Mediation Works Best

The simple truth is that not all divorces are terrible. There are times when it is a mutual decision to split. When nobody is going after the other person, you might want to try mediation, which can save you time and money.

Times when Divorce Mediation Works Best

However, meditation isn’t for everyone. Here are some times when mediation might be best for everyone involved.

Both parties need to be willing to work together for mediation to work. You won’t get anywhere if neither one of you are willing to negotiate. In fact, you need to go into it knowing that you aren’t going to get everything that you want. By being prepared for this, you are more likely to have a simple divorce that can be solved quickly.

If there are children involved, mediation can help keep the environment less hostile. When parents go through mediation and think about what is best for their children, they are more likely to come out stronger on the other side. They have already worked through some of their issues and are going to be more prepared to co-parent together.

You are not hiding anything when it comes to your finances. Finances are another tough spot when it comes to divorce. It can also be a good reason why some divorces are so drawn out. However, if you both are adult enough to talk about the delicate topics and work through them, mediation would be a great place for you to start.

Mediation can be a great way to get divorced without all of the drama. As long as both parties are determined to work together, it can go quickly and smoothly. You could be divorced quicker than you ever thought possible!

Don’t hesitate to contact us to help you through this difficult time. We will make sure that the process goes as smoothly as possible.

THE FINE PRINT: THIS WEBSITE PROVIDES GENERAL INFORMATION ONLY AND CANNOT BE RELIED UPON FOR LEGAL ADVICE. APPLICABILITY OF TX LEGAL PRINCIPLES REFERENCED HERE MAY DIFFER SUBSTANTIALLY IN INDIVIDUAL SITUATIONS. ANY PARTY ENTERING INTO MEDIATION, UPON COMPLETION SHOULD CONSULT WITH REVIEW COUNSEL PRIOR TO FILING ANY DOCUMENTS.