Tuesday, January 30, 2007

Divorce Mediation


MEDIATION

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

http://www.dedicatedfathers.org

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.

www.dedicatedfathers.org
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A Thank You to all Dedicated Fathers


Thank You for Visiting Dedicated Fathers

www.dedicatedfathers.org

Thank you for being a Dedicated Father. You may not hear that from your children until years from now, you will probably never hear it from society; however, you will hear it repeatedly from us - thank you for being a Dedicated father.

By you visiting this blog, you or someone close to you is probably involved in a divorce, child custody , or family court battle. First and foremost let me assure you: YOU ARE NOT ALONE.

We have assisted thousands of fathers just like you who were confused and intimidated by the adversarial family court process. By empowering parents with information, they have been able to gain the confidence they needed to successfully confront their divorce or child custody case.

Obviously, there is no magic formula, each divorce or child custody case is unique unto itself.
However, there is one fact that is true in every case:
You need power when confronting the adversarial family court system.

You Need Power
Information is Power
You Need Information


Information allows you to make better and more informed decisions for you and your restructuring family. Information helps you remain sane - especially within the insane world of family court. Information will give you the tools to be an example to your children during this traumatic time.

Here are just five (5) examples of the information the Dedicated Fathers Audio Series will give you:

1. It will teach you how to take charge of your relationship with your children, which is the best way to let them know how much they mean to you.

2. It will help you to become pro-actively involved with your divorce case, rather than reactive.

3. It will empower you to confront the procedures of family court, and the inherent biases against fathers.

4. It will provide you with what you need to put yourself in a better position to successfully navigate the adversarial family court system.

5. It will show you how to gain control over your life by learning how to case manage and organize your own divorce or child custody case, thereby making you an actively involved team member with your attorney.


Family court IS NOT about going out and hiring the best family law attorney you can afford, and then just hoping and praying they will advocate for your interests and concerns.

Family court IS about becoming an active team member with your attorney.

Your family court mission statement is the following:

“My mission is to ensure my interests are protected and my concerns addressed in a pro-active and powerful manner. To accomplish my mission, I must be in a constant state of being prepared. I will have to live with the actions I take now, for the rest of my life. Therefore, I must get organized and I must stay organized for the betterment of myself and children.”

Learn from all the fathers who have gone before you. For over 26 years we have been assisting parents going through the trauma of divorce and the family courts. Take our experience and use it. The information in the Dedicated Fathers Audio Book Series will help demystify the confusing and frustrating adversarial family court process. It will help you can gain the confidence you need to confront the processes, procedures and divorce issues with which you will be bombarded throughout your stay in the adversarial family court arena.

Armed with the power of the information in the audio series, you will have with the power-tools needed to successfully complete your mission. For the cost of only one (1) hour with a family law attorney, you will receive the education and information which could save you thousands of dollars. Your future will thank you for your insight of taking the steps today which will bring you a better tomorrow.

Again, Thank you for being a Dedicated Father.

I look forward to your joining our growing family of Dedicated fathers and like them, remember....

YOU ARE NOT ALONE.

By: Marvin Chapman & Dedicated Fathers
www.dedicatedfathers.org

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Tuesday, January 9, 2007

Your Divorce or Child Custody Plan


WHAT YOU MAY WANT TO DO (or not do)
IF YOU SUSPECT A DIVORCE OR PATERNITY ACTION
MAY HAPPEN AGAINST YOU

www.dedicatedfathers.org

If you have never been involved in the family court system I can tell you the experience will leave you confused, frustrated and anxious. I have assisted in thousands of cases in the last 25 years, therefore I have learned a lot about the “game” of family court. Below is a list of the significant bullet points which I have gleamed from my years of experience at United Fathers of America. Not all of the bullet points will benefit every person, but every person will benefit by reviewing all of the bullet points. Each reader will need to determine which points are critical for their situation. Again, your primary job is to make decisions about your life. The bullet points below are presented to assist you in making those decisions.

WARNING: Different states have different laws as to what you can and cannot do AFTER a divorce or paternity action has been filed and served. Therefore, the following information is provided as general information for the reader to consider upon the happening of the contingencies as noted. In other words, there may be some things you will want to consider doing BEFORE any papers are filed and restrictions are then placed on what you can and can not do. The following is not a substitute for sound legal advice, it is intended solely to produce critical issues for the reader to consider.


1. You may not want to listen to family, friends or co-workers.

Family, friends and co-workers have an emotional relationship with you. Although well intentioned, their information is based on their experience - not yours. Typically, if you get too excited, they will bring you back down with stories of how hard it can be. Likewise, if you get too depressed, they will lift your up with success stories. In family law, you need sound objective and unemotional answers to your real life questions. As in all of life, in family law information is power - the power you need to make the right decisions for your current and future life.


2. You may want to develop a healthy suspicion of any advice or suggestion given by someone who stands to earn money directly from that advice or suggestion (such as attorneys or paralegals).

Remember, their information, education, tactics and strategies are based on the fact they stand to make money off of you if you follow their advice or suggestion. In other words, they have a financial vested interest in what they tell you. On the other hand, you need to be a pro-active partner with your attorney or paralegal. If you can not get objective unemotional and unattached answers to your real questions from co-workers, family, friends, attorneys or paralegals, then from whom do you get the information and education you need?

3. You may want to seek out a nonprofit organization.

The best way to become involved, informed and educated is to seek out a nonprofit organization or group in which you have faith and in which you feel you can trust and rely upon. Do some research, find out about their reputation, then use this nonprofit group or organization as a sounding board for what is happening in your case and listen to their suggestions and experiences. This series of articles is a great way for you to gain education and information to consider for your case.


4. You may want to gather any and all information you can about divorce or paternity actions. Knowledge and information is power in the family court game.


5. You may want to put together a record of all marital facts including, but not limited to, a list of all assets and all debts.

Get together copies of all tax returns, copies of all pay stubs, copies of all bills including, but not limited to utility payments, credit cards, car payments, house purchase agreements and monthly payments, a list of any and all other bills or expenses, a listing of all assets such as your cars, house or major purchases, etc., and a copy of all important papers such as life, auto, home or medical insurance policies and copies of all retirements accounts. In other words, a copy of anything and everything dealing with any form of asset, debt or important papers. If you do not have, can not find or can not get your records, seek out a good nonprofit organization. With years of experience, they can assist you in obtaining your records. You do not need to hire a high priced attorney to do that which you can do for yourself.


6. You may want to start and maintain a written log, journal, diary or history of all significant events, no matter how small they may initially appear.

Many things are going to be happening in your changing world. Hopefully, most happenings will be peaceful. However, it may be critical to document events for future hearings or other legal actions. You need to note such events as the dates and times when you have the children with you, when you paid support (and how much you paid), and other relevant events. In other words, keep a chronological diary (with pictures if possible) of all family law related events or situations. Consult your support group, paralegal service or attorney for additional specifics of what needs to be documented.

By: Marvin Chapman & Dedicated Fathers
www.dedicatedfathers.org

Go through your divorce knowledgeable and in control.
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