Divorce Mediation Bullet Point Guide (Part 4)
If you’ve been following along with the bullet point lists, you’ll know, that Darren M Shapiro has been sharing his tips and insights into the world of divorce mediation. Each bullet point list has been packed with useful advice on mediation, and how you can prepare for alternative dispute resolution strategies.
Here’s the fourth part of your guide to divorce mediation, to help you learn many things you need to know about this unique alternative to litigation.Neutrality and Conflict in Divorce Mediation
One thing worth noting about divorce mediation is that sessions don’t have to just feature mediators like Mr. Darren M. Shapiro and his clients. It’s also possible to bring neutral professionals into the mediation to help couples get past complicated sticking points and resolve certain issues.
- Neutral parties, like a child specialist or psychologist, can be brought into the mediation experience to resolve parenting time issues and help with making decisions in a child’s best interests. Mediators like Mr. Shapiro can also work with financial neutral, home appraisers, and other experts in the industry too.
- There are many options available for mediation from maintaining simple sessions between mediators and clients, to bringing third parties into the mix. There’s no one-size-fits-all solution to solving problems and moving forward.
- Mediation can be difficult in ultra-high-conflict circumstances. This is often the case in situations where there may have been domestic violence in the past. However, if both sides are willing to sit in a room with a professional like Mr. Shapiro, mediation may still be possible. The imbalance of power in these situations also make it particularly important for people to use review attorneys and ensure that their rights are being protected.
More often than not, mediation follows a similar routine. Mr. Shapiro and other mediators tend to work with both the husband and wife in a divorce case at all times. This structure helps to maintain the feeling of neutrality in the mediation, and remind both sides that the mediator is objective, and not conspiring with another party. However, there are alternative routes available.
- In some situations, clients may prefer to have one-on-one meetings with their mediator. This is referred to as caucusing. Caucusing sessions can offer parties some room to breath in particularly tense situations and help them to overcome impassible points in a mediation. Mediation by caucus is something that must be agreed upon by both parties.
- If both parties in a mediation agree to caucusing, then ground rules will need to be laid out with the mediator about which information will be shared from each individual caucus. Darren Shapiro offers caucusing to clients who think that it may be useful to their case.
- The initial consultation for mediating couples needs to be done together. If couples are using Mr. Shapiro as their mediator, then he will request for the first meeting to take place with both members of the couple present. This helps to ensure that both spouses feel comfortable using Mr. Shapiro as their neutral mediator. In circumstances where the mediator may have had a chance to speak to one client before the other, suspicions can often arise.
- If Mr. Shapiro ever does end up talking to one spouse before the other, he will make sure that the person he speaks with understands that all the information covered in the first meeting will be shared with the other side.
There are many issues that can be discussed and overcome through divorce mediation. For instance, Mr. Shapiro can work with his clients to discuss the options available for the marital home. One spouse may be able to buy the other out of their share of the residence. Alternatively, the house could be sold, and the couple could share the equity from the property. Every mediation discusses specific points and considers different resolution options.
- Most divorce mediation procedures will come with a few distinct points to cover. For instance, the husband and wife both need to choose a divorce mediator that they feel comfortable with, and each side will need to consult with a review attorney that’s suitable for their needs. Usually, when Mr. Shapiro is the mediator, he will also draft the agreements and uncontested divorce package. If the parties use a mediator that is not an attorney then drafting attorneys need to be chosen for the settlement agreement, and uncontested divorce papers.
- Divorce mediators like Mr Shapiro can mediate with a couple and draft the papers too. However, not all divorce mediators are also lawyers. If you’re using a non-lawyer for your mediation, you need to consider external legal experts.
- Distribution of assets and equitable distribution of marital debt can also be addressed during mediation. Property, from homes and retirement accounts to personal property, will be considered subject to equitable distribution in many cases. Additionally, debt acquired during a marriage will need to be considered too. In mediation, couples can choose what they consider to be fair or equitable. However, in a litigated case, the judge chooses what is equitable instead.
- Divorce attorneys and mediators like Mr. Shapiro can offer guidance into the kind of equitable distribution strategies that couples can use when splitting both debts and assets.
There are many different processes available for managing divorce. Mediation is just one of many dispute resolution processes available for couples looking to bring an end to their marriage. Divorce mediation can be one of the most economical ways to complete a divorce, and it also helps to keep emotional turmoil to a minimum. Darren Shapiro is a litigator too though for parties that want to use Mr. Shapiro for individual representation.
If you’re interested in learning more about divorce mediation, stay tuned for the next part of our divorce mediation bullet point series, or reach out to Mr. Shapiro today.