Posts Tagged ‘Mediation’
Conscious Lawyering: Being A Part of the Solution, Not Adding to the Problem
I have written before about the benefits of mindfulness and conscious coupling. In this blog I focus on the mindfulness of the attorney or mediator who is working with the couple. Let’s call it “conscious lawyering.” For a couple considering divorce, the process is going to involve uncomfortable feelings and situations. As a collaborative lawyer or mediator, I…
Read MoreThe True Cost of Litigation (Survey Says!)
Divorce litigation is expensive; everyone knows that. But did you know that if your attorneys don’t get along, the cost will be 20% higher? I was struck when I heard that fact mentioned at a panel discussion on the topic of what mediation clients can expect if they end up in court. One of the panel…
Read MoreDivorcing? Do You Want Your Attorney to be a Problem-Solver or a Troublemaker?
Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough. – Abraham Lincoln As a collaborative…
Read MoreLooking for a Mediation Consulting Attorney? Here are 3 questions to ask
The primary function of a consulting attorney is to provide advice and counsel during the mediation process and provide the support you need to advocate for yourself. This is different from a “review attorney” whose primary job is to review the agreement that has been drafted after the mediation process is over. These are 2 very different…
Read MoreMediation or Collaborative Divorce: Which process is right for you?
When it comes to choosing an alternative to divorcing in court, both divorce mediation and collaborative divorce have their own unique advantages. Divorce Mediation Divorce mediation is a private and confidential method of non-adversarial divorce in which the participants advocate for their own needs and concerns without a lawyer present in the room. The mediator…
Read MoreThe Importance of Consulting Attorneys in Mediation
Mediation is a great process for maintaining limited involvement with attorneys, but they shouldn’t be shut out completely. Recently I’ve spoken to a number of potential clients who are about to enter into the divorce process and want to use mediation. These clients come from different backgrounds and have different preconceived notions about mediation, but…
Read MoreThe Choice Is Yours
Sometimes people in the middle of divorce litigation realize that the court system just isn’t working for them. Time is going by, the costs are piling up, and they seem further from resolution than ever. At this point, it may be time for them to look at an alternative process, such as mediation, but where…
Read MoreChanging Course (in your divorce)
If you’re in the middle of a litigated divorce and are unhappy with the way things are going, you can change course. You might have started the divorce process with the goal of ending the marriage quickly and feeling as financially secure as possible at the end. You might have hired the first attorney who came highly…
Read MoreMindfulness as a Tool for a Less Adversarial Divorce
Divorce can be an overwhelming experience. For most of us the days are full enough, yet divorcing couples are confronted with finding the time to fit in things they would not normally need to do, like meeting with attorneys and working on post-divorce budgets. I recently discovered an author named Jon Kabat-Zinn whose book Wherever You Go, There You…
Read MoreFAQ about Attorneys in Mediation
It is no secret that litigated divorces are extremely draining, both on finances and emotions, which is why many couples turn to mediation as an alternative. Mediation increases the opportunity for divorcing or separating couples to reach an amicable agreement by working together rather than engaging in a nasty and protracted courtroom battle. Mediation is a voluntary…
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