The mediator should begin the mediation session with laying a few ground rules. Here are some examples: 1. Explaining his/her role in the process 2. Reminding everyone about confidentiality and how the information used in the mediation is for “settlement purposes” and cannot be used in court 3. Depending on preference, asking the parties to put cellphones on silent or …
What Happens During the Consultation with a Mediator?
Initial Contact. Typically, one person calls the mediator at first and requests a telephonic or in-person consultation. If the initial consultation is given to only one party, then in efforts to stay neutral, private time with the mediator is also offered to the other person. Some mediators choose to charge for the initial consultation. Confidentiality Agreement. During this stage, …
What are the Core Values of Mediation?
So what’s this mediation thing all about? Well, here are a few of its core values — i.e., what we mediators hold near and dear to our meditation hearts. Self-Determination – The basic tenant of mediation is that both parties have the autonomy and feel empowered to make the decisions instead of giving up that power to a neutral third …
What is Mediation? What is it Not?
When I talk to folks about what mediation is, sometimes is easiest to explain what it is NOT first. I’m going to compare mediation to other forms of alternative dispute resolution. Litigation – Although mediation can be used in disputes between parties who are involved in litigation, the mediator is not acting like a judge, making a decision. Unlike trial, …
Mediation Roster for Sixth Circuit in Illinois
I’m happy to announce that I was selected to be in the roster of family law mediators for the Sixth Circuit in Illinois. Specifically, I will be mediating custody and visitation issues (i.e., the allocation of parental responsibilities). The Sixth Circuit includes the following 7 Counties: Macon County, Piatt County, Champaign County, Dewitt County, Douglas County and Moultrie County. I’m …
Overview of Mediation
I will be speaking tomorrow at the crack of down tomorrow morning to the CU Sunrise Rotary Club on mediation. For those of you who are in Central Illinois, I would the support! The presentation is at 6:45am and coffee (and breakfast!) will be provided. Here are my materials for the presentation on mediation available on my JD Supra page …
Ask Cari: Questions on Divorce, Debt and Prenups
Here are some recent answers from some questions I received on the Big D’s (Divorce, Debt, and Death): 1. What should people know when it comes to your spouse¹s debt when it comes to death or divorce? In most states, all debt obtained by either party after the date of the marriage is considered marital debt while debt incurred before …
New York Child Custody and Visitation Agreements – Think About Traveling with Children
The Courts have found travel to be in the best interest of the child. Consequently, a parent should not unreasonably withhold consent for the child to travel with the other parent. If the non-traveling parent unreasonably withholds consent then the court can override the non-traveling parent’s objection to the travel. See Matter of Arroyo v. Agosta, 2010 NY Slip Op …
New York Child Custody and Visitation Law: Sibling Visitation
Siblings have a statutory right to visitation with each other. This is true whether the relationship be of full-blood siblings or half-blood siblings. There is a two-part analysis for evaluating sibling visitation. First, standing – or the right to be heard – has to be established. Second, the court must determine whether the visitation is in the best interest of …
Ask Cari: Common Mistakes in a Divorce
Here is a question that I recently received: “Hey Cari, What do people often do “wrong” when they’re about to file for divorce or in the midst of a divorce?” My response: People going through divorce sometimes believe that going to court immediately is the way to resolve things. To the contrary, mediation or the collaborative divorce process would be the …
Child Custody and Visitation Law: Getting a Parenting Plan for School Breaks and Summer Vacation
School Breaks Schools in New York typically have four (4) school breaks: Thanksgiving/Fall Break, Christmas/Winter Break, President’s Day/Mid-Winter Break, and Easter/Spring Break. When drafting a parenting plan, parents should be cognizant on what was agreed to with the holiday schedule. Here is an example schedule (for illustrative purposes): School Break Time Even Years Odd Years Mid-Winter Recess (President’s Day Week) …
New York Child Custody Law: So What Exactly is “Legal Custody?”
Legal custody refers to the parent or parents that have decision-making authority over “major decisions” regarding the child, such as non-emergency medical care, religion, education, and extracurricular activities. When you think of the phrase “legal custody,” replace it with the phrase “decision-making” (e.g., sole decision-making or joint decision-making). Please note that “day-to-day” decisions are made with the parent who has …