Tuesday, January 30, 2007

Divorce Mediation


Part 1 of an ongoing article on Divorce Mediation
By: Marvin Chapman & Dedicated Fathers


There are basically two (2) types of divorce mediation:
Voluntary Mediation and Court Connected Mandatory Mediation.
An overview and general outline of both types of mediation are presented below.

Voluntary Mediation
Generally, at any time you and the other parent have the right to enter into voluntary divorce mediation. Voluntary mediation is where you voluntarily (without any mandates from the court or any other source) take your family court issues to an independent third (3rd) party who is has been specifically trained in the art of mediation and negotiation. The primary function of an independent divorce mediator is to assist you and the other parent in coming to compromised agreements, which are then prepared into court approved documents, which then become court orders.

Court Connected Mandatory Mediation
The second type of mediation is court connected mandatory mediation. This mediation is set up by the family courts and you are mandated by the court to attend. Mediators in court connected mandatory mediation offices are generally professional divorce mediators hired by the court to help parents come up with their own agreements, typically dealing only with custody and visitation issues. There are generally two (2) types of court connected mandatory mediation –
Confidential mediation and Recommendation mediation.

Confidential Mediation

Confidential Mediation is where all that is said and done within the mediation session is kept confidential. There court will never hear what was specifically said or done within the mediation sessions.

Recommendation Mediation

Unlike confidential mediation, in recommendation mediation the divorce mediators actually make custody and visitation recommendations directly to the court. Everything that was said and all behaviors exhibited during the mediation sessions are open for the mediator to interpret, judge and comment upon in open court.

Personal Note: I find it very hard to believe divorce mediators within the recommendation mediation model have the audacity to believe they can learn the dynamics of a particular family and become so familiar with the functioning of that family to the degree they are able to ethically make an intelligent recommendation about what is best for that family. I personally believe this is one of clearest forms of abuse which families are subjected to within the adversarial family court system.

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Anonymous said...

divorce mediation can really help all involved (parents, and kids) it is a better alternative to the current family court adversarial system

Anonymous said...

This only works if and when the laws are changed to a presumption of equal child custody otherwise the divorce industry will always push for a winner and a loser to force child support payments.

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Jackie Champion said...

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Studies have also shown that parental skills decrease after a divorce occurs; however, this effect is only a temporary change. “A number of researchers have shown that a disequilibrium, including diminished parenting skills, occurs in the year following the divorce but that by two years after the divorce re-stabilization has occurred and parenting skills have improved”.
The extensive training and experience of our Divorce Attorneys has taught us that couples who mediate rather than litigate often achieve their objectives in less time, with less expense and often leave our offices with a better ongoing relationship with their ex than when they came in. This is important not only for your emotional well-being, but also for communicating with your former spouse in the future, which is imperative if you have children together.

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