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Article Category: Family & Divorce Mediation
Top choices for this category:
- Children & Divorce: The Promise of Mediation
- Choosing a Divorce Mediator
- The Most Common Asked Questions About Mediation
How to Divorce as Friends
Getting Apart Together
Using Divorce Mediation: Save Money & Your Sanity
More books on this subject...
Full Article List: Family & Divorce Mediation
Bridging the Gap: Mediating in Situations of Power Imbalance - This situation raises, among other things, the issue of whether mediation is appropriate in the light of an apparent imbalance of power. If the fundamental principle of mediation is that parties' exercise self-determination in reaching mutually agreeable resolutions, is it ever appropriate to mediate when participants do not appear to have equal power or status...
Dirty Tricks in Divorce Mediation: Parenting Plans - When it comes to divorce and mediation, the good news is most parents can put their differences aside but what do you do when one party tries to use the children as pawns to their advantage...
Dirty Tricks in Divorce Mediation: Equitable Distribution - Unlike Parenting Plans where each party tries to have the best interests of their children in mind, when it comes to money, those rules go out the window and the arguments over who gets what, take over...
Divorcing Couples Can Save a Lot of Money with Mediation - One of the hardest things about divorce is its cost, not just emotionally and psychologically, but in cold hard cash. A typical scenario is a husband, wife and two attorneys...
Divorce, Mediation and Being Prepared - Of the four major issues facing divorcing couples: parenting plans, equitable distribution, child support and spousal support/alimony, three of these issues are financial and will require you to produce documentation which is commonly prepared at year end so it's important that you obtain copies as soon as you are able...
Resolving Post Divorce Issues Through Mediation Part 1 - Post divorce parent coordination involves a couple who is already divorced but has issues they need to mediate regarding the children. In this article we'll talk about the first of the two different types of post divorce parent coordination which involves physical custody and some of the questions you will need to address...
Resolving Post Divorce Issues Through Mediation Part 2 - In post divorce parent coordination the two most common issues are physical custody and child support. In this article we'll talk about the second of these post divorce parent coordination issues and some of the questions you will need to address but first let's take a look briefly at what child support actually is...
Divorce Mediation: A Peaceful Divorce IS Possible - You do not have to go to war with your spouse because you are getting divorced. Your attorney's job is to put forth a strong offense and a smart defense, with the goal of "winning" your case. Your spouse's attorney will do the same for your spouse...
Why Mediation is Good for Your Kids - As a domestic relations mediator, I work with a lot of families that include children. The parents have reached a point of no return, where it is no longer possible to "work it out" with each other. Understandably, the parents are often feeling betrayed, hurt, rejected, unloved, ambushed, cheated, and a whole host of other emotions...
Attorney-Supported Mediation in Family Law Matters - When parties mediate in their family law legal process, many times one or both parties have attorneys with whom each is working who can give him or her legal advice about the settlement issues and proposals...
Surviving the Emotional Loss of a Loved One: Mediation Can Help You Deal With the Causes of Divorce - Mediation, by nature and definition, bridges the emotional gulf that can exist between couples. The need to assess priorities, explore opinions, and achieve compromises requires mediators to learn as much as possible about relationships and the individual partners so that both parties are equally represented...
Divorce - It Can Bring Out the Worst in People - Words are perhaps the most popular means of communication we experience. The word "Divorce" is a word that can cause so much hatred, pain, and loss of control. Many people, when faced with divorce, immediately feel the need to make the person they fell in love with become their worst enemy and the root of all evil...
Wise Decisions: Cost Issues in Divorce Mediation vs. Litigation - Approaching the disillusion of a marriage, both parties are faced with many hard decisions. Whether to choose mediation over litigation is fundamental and primary in the divorce process. When couples weigh the pluses and minuses of both choices, the factor of cost must be of primary concern...
Frequently Asked Questions About the Mediation Process - Mediation is an efficient and inexpensive process designed to help people reach the best agreements for them when separating, divorcing, having family disputes, problems at work, complaints with landlords or tenants, and issues with neighbors...
Keeping it Confidential: Mediation and Privacy - Like everything else in life, we like to keep our business our business. There is something so dehumanizing about hearing virtual strangers comment on our private lives and when dissolving a marriage the last thing we want to be is someone's cocktail conversation...
Mediation and Financial Security for Families - Divorce, with all its emotional and financial upheaval, is frequently wrought with stress, fear, and staggering challenge. In the economic times we now find ourselves in, the stress, fear and challenges are being felt by everyone, not just families touched by divorce...
Divorce - Is A Peaceful One Possible? - Why does one word cause so much hatred, pain, loss of control and the immediate need to make the person you fell in love with become your worst enemy and the root of all evil. After the loss of a loved one, divorce is the most emotionally unstable time in a person's life...
Diffusing Crisis: Taking the Drama out of Divorce Through Mediation - There are few situations more likely to produce tension and crisis than marital discord. Two people with diverging interests, goals, and feelings are involved in a struggle but have a complex physical and emotional history...
Designing An Agreement You Can Live With: Mediating a Livable Divorce Agreement - Like every process, there has to be an end product. During your divorce mediation, the ultimate goal is to obtain a written agreement that spells out all the aspects of your divorce and the conclusions you and your spouse have agreed to...
The Fork in the Road: Which Way You Travel is Important - Whenever we meet bumps in the road there is usually more than one path to choose. We make these choices as we choose a school, a career, a home, and a mate. But these choices, like all choices, are rarely written in stone...
Financial Challenges in Divorce Mediation - We all have spending and saving habits that we inherited from our families and other influential people. When we get married, these financial habits often adapt to our partners, a new way of handing money is started and never discussed again...
Divorce Mediation: Cost Saving Process - Daily we are bombarded with articles in the print media, blogs on the internet, and radio and television stories reporting the decline in divorce rates. The reason, all the media pronounce, is a byproduct of the bad economy...
Mediate - Don't Litigate - When a relationship is in conflict, trust is the first thing to go. In the resulting vacuum, anxiety and fear have ample room to grow. Neither person knows what the other is thinking - or about to do...
Mediation and Children - Divorce is painful but it doesn't have to be a disaster. Most parents facing divorce feel anger, sadness, confusion, and fear. Parents want to protect their children from marital conflict and they worry about how their divorce will effect their children. Parents can get valuable help from a professional mediator...
Best Interest of the Children: A Guide for Divorce Mediation - Setting up ground rules to resolve issues help couples keep their eyes on the big picture rather than on mini "victories." That's one of the reasons that a mediated divorce, on average, feels and works better than a litigated divorce...
Mediation Articles to Help a Couple Prepare! - Entering the divorce process has its emotional mine fields. It discourages some from taking the time to properly prepare for negotiation of the post divorce settlement...
COOPERATION: The Key to Successful Divorce Mediation - Agreements that come from working together last longer, are less likely to be challenged later, and help to create an atmosphere of success. You don't have to like your spouse to reach a workable divorce agreement (but it helps)...
Mediation is Often the Least Costly Way to a Divorce - Divorce is expensive and the resulting aftermath can devastate a family for a long period of time. Mediation minimizes this expense and the continuing aftershocks of the initial destruction. Some of the costs associated with divorce are...
The Price for Peace - There is so much literature, thousands of articles and hundreds of websites on what to do and how to prepare for a divorce or custody case. More and more I am seeing articles that encourage divorcing parties to mediate and settle out of court to not only save time and money but to save their sanity and the health and wellbeing of their children...
Bargaining Over Positions in Divorce Mediation - As part of our training as divorce mediators in New Jersey, we are given many books and articles to read in order to help us learn different techniques to help people through conflict...
Who Gets to Claim the Children in Divorce Mediation? - In a recent article in the Journal of Accountancy author Valerie Chambers brought to light an important issue you need to consider during divorce mediation: who gets to claim the tax deduction for your children?...
10 Tips to Get Through Divorce Mediation - In my readings as a divorce mediator, I often find many articles on getting through your divorce but not necessarily on getting through your divorce mediation. Take for example an article I read on the Bella Online website posted by Stephanie L Watson in which she wrote of "10 Tips to Get through Your Contested Divorce...
Benefits of Divorce Mediation - While the concept of mediation may seem relatively new, people have understood the benefits of mediation for centuries. Mediation has continued to evolve as the best method of dispute resolution and below you will find what I think are just a few of the benefits of mediation...
Divorce Mediation - The Sensible Way to Say Goodbye - It's no surprise that more than half of all marriages end in divorce. More surprising is the cost of these divorces - with legal fees averaging $22,000 to $48,000 per couple. Add in the anger, hatred, and bitterness, and the stage is set for long-term financial and emotional recovery...
"Have A "Good" Divorce" - Unfortunately half of all marriages end in divorce. If there is nothing else to be done to save the marriage, at least end it with as much dignity and fairness while keeping as much control as possible. When a couple has children or significant assets it is vital to work together in order to protect yourselves and your children...
"Peaceful Divorce An Idea Whose Time Has Come" - Ask most people what it is like to go through a divorce and chances are you will hear a litany of horror stories about high legal costs, unfair results in court and lawyers who don't care enough about their own clients to return phone calls...
"Things to Consider When Considering Divorce" - For parents of minor children who want to know what ALL the options are when thinking about divorce, hear this. A mind works best, like a parachute, when it is open. There are very creative ways to divide property and to share children if both parties keep their eye on the prize ö the well being of the children...
"How to Propose Mediation to Your Spouse" - Typically, when couples decide to divorce, at least one of the two involved decides to get "educated". In many cases, learning about mediation comes by accident from endless searching for other divorce information on the internet...
"Contemplating Divorce? Consider Mediation" - Mediation is an especially effective process for resolving issues that arise when a couple contemplates divorce. Mediation allows a husband and wife to make the decisions that are going to affect them and their children for the rest of their lives...
"Top Ten Reasons to Use Parenting Plan Mediation in Divorce" - The best predictor of the well being of children involved in a divorce is the amount of conflict between parents. In mediation, conflicts are more likely to be resolved, resulting in a more peaceful post-divorce family life...
"Dealing With Conflict in Divorce" - Conflict before, during and after a divorce is inevitable. Yet, if the conflict continues, you'll never reach an agreement. Over 95% of all divorce cases ultimately settle, so you'll deal with the conflict sooner or later...
"10 Tips for Dealing With Arguments" - Try to understand your spouse's viewpoint. Once you understand what he or she wants, you can begin to see how you might be able to help resolve the situation...
"The Advantages of Divorce Mediation over Going to Court" - In mediation, the spouses maintain control and make all the decisions, instead of relying on a judge or court commissioner to do so. Issues are resolved much sooner, at a far lower cost, and with much less stress...
"Avoid the Turbulent Waters of Divorce Through Mediation" - How is a divorce like a journey through turbulent waters? Imagine that you and your spouse are about to undertake a river rafting trip, and are faced with deciding between two methods of travel...
"Mediating Separation Agreements" - The difference between separating and divorcing seems obvious, one allows for reconciliation while the other is a final solution approved by the courts. However, more couples are viewing separation and divorce as two stages of one path, rather than two distinct options...
"Divorce Mediation: Making Your Divorce Work For You" - Too often divorce is seen as a win/lose situation. You turn your destinies over to your two attorneys and hope they know what they are doing. The problems is: they don't know you, your goals and aspiration or your family's needs. In this framework, you are both bound to lose even if one of you initially feels like a winner...
"Deconstructing the Divorce Mediation Process - One Practitioner's Approach" - My objective in this article is to deconstruct and thereby demystify what happens behind closed doors during the divorce mediation process. I describe an approach to the divorce mediation process, with the caveat that each mediator has their own style, and that there are many right approaches...
"Is Mediation Right For You?" - Individuals considering mediation frequently want to know whether or not they are appropriate mediation candidates. Unfortunately, too many just dismiss mediation outright, self-branding themselves as inappropriate candidates without any consideration of the accuracy of their assessment. Then, too, there are the many who havent the vaguest idea that mediation may well be a valuable option for them...
"If You're Divorcing, Consider Mediation" - If you or someone you know is considering, or in the process of getting, a divorce, there's something you should know. There's a way to go through the process that could contain hostilities, save spouses lots of time, and money, and leave the parties more intact when the process is done. That way is mediation...
"Divorce Mediation Primer" - Mediation is a voluntary settlement process in which an impartial person who is trained in dispute resolution meets with the parties to discuss the issues they wish to resolve. The mediator will facilitate the negotiation of those issues, with the goal of helping the parties reach a settlement...
"Collaborative Family Law: Restoring Sanity to the Divorce Process" - Consider the average couple on the verge of divorce. Often only one of the spouses wants to end the marriage; the other may know that there are problems but wants to keep trying. In such marriages, one spouse likely feels betrayed, vulnerable, worthless, angry, and possibly depressed; the other spouse may feel guilty about ending the marriage and yet angry about the relentless blame and clinging behavior of his or her spouse...
"Choosing a Matrimonial Attorney - A Mediator's Perspective" - Whether you choose to mediate or litigate, in all likelihood, you will still require the services of an attorney to review your mediated agreement, prepare the property settlement agreement, and file for your divorce...
"Starter Marriages - Top Ten Differences in Divorce Mediation" - The biggest lesson people can learn from their own divorces was how to get married again and how to get married for a lifetime. There is a dearth of literature on the subject of starter marriages and the divorce process, let alone the divorce mediation process...
"Mediator Neutrality - How is it Possible" - How could a mediator be neutral about your situation when you are getting divorced? Surely one of you is right and the other is wrong! If you know in your bones - and all of your friends agree - that you are right, you may think that mediation would not make sense for you, because you dont want to compromise...
"A Better Way To Divorce" - We live in demanding and stressful times. Time and money are precious commodities, which are not in abundance nor easily acquired. What are the options for a couple that decide to separate or divorce? Can they avoid a nasty, expensive battle...
"Can You Have a Mediated Divorce If Your Are Angry At Your Spouse?" - Anger is a normal feeling to have during a divorce. In fact, if you didn't feel angry there would probably be something very wrong. Usually, one person has been unhappy for a period of time preceding the divorce, and was angry during this time...
"Mulling Over Mediation" - You're separated. Your partner wants you to go to mediation to work out a separation agreement, but you have misgivings about it. If this describes you, this article was written to address your concerns...
"Would I Prefer Mediation for My Divorce" - Mediation is a process where you and your spouse will sit down with a neutral person who will help you, sometimes with and most often without attorneys present, to negotiate the terms of your divorce...
"When You Do Not Want A War" - Too often in divorces, we attorneys see clients who would agree to whatever possession schedule was truly best for their children or would agree to whatever division of assets was fair, but they cannot agree on what that possession schedule or division of assets is...
"Litigate or Mediate, That is the Question?" - You may be unaware of an alternative, divorce mediation. This is a time-limited, confidential process in which both you and your spouse meet with a neutral third person who helps you decide on the division of parenting responsibilities...
"To Mediate or Litigate? You Decide..." - There is no denying it: divorce is one of the most stressful experiences people can go through in their lives. Even when the breakup is "amicable," and especially when they have children, divorcing couples experience emotional upheaval and fear of an uncertain future...
"Selecting a Mediator" - What are your goals? What mediation approach to you prefer? Assess your abilities, strengths and weaknesses. What is your timeframe? What is your budget?
"Questions & Answers About Mediation" - Mediation is a powerful and cost-effective way for people to reach resolution without destroying relationships and without the intervention of the court. It offers an opportunity for people to learn from the past in order to prevent problems in the future...
"Is Mediation Right for You?" - One of the most difficult things to do during a divorce is to disregard the urgings of well-meaning friends and family to get the toughest, meanest, lawyer around, and to instead consider mediation. Nearly everyone has something to say about how to achieve a divorce...
"This is Divorce Mediation" - Divorce hurts. Feelings of anger can simmer for years. The sense of rejection can linger into new relationships. For many people, the greatest agony of divorce can be the loss of self-respect. Faced with unrelenting anger and fear, many divorcing people are dismayed at the ease with which they abandon deeply held values such as respect, compassion, and empathy...
"The Self-Destructive Divorce Scenario" - We all have heard the horror stories. Perhaps we might have actually lived it. The ballistic separation and divorce. To watch it happen to our friends or families, we can't help but believe that the actions of these people defy our sense of logic or common sense...
"Arbitration: Inexpensive, Informal & Decisive" - Arbitration is submission of a dispute to one or more impartial persons for a final and binding decision. The parties control the range of issues to be resolved by arbitration, the scope of the relief to be awarded, and many of the procedural aspects of the process...
"About Mediation" - There is a better way to settle differences than a costly courtroom battle. You can control the decisions that affect your family, your finances, your business and your life through mediation, a voluntary settlement process...
"Children & Divorce: The Promise of Mediation" - Such is the sort of dialogue children caught in the middle of a divorce frequently hear from one or both of their parents. Too often, children fall victim in our adversarial divorce system...
"FAQs About Divorce Mediation" - Mediation allows separating and divorcing couples to take control of planning their own futures. It is especially beneficial for parents, who though separating, will need to continue making joint decisions about their children well into the future...
"Arbitration, Mediation, & Psychoanalysis" - Arbitration and mediation are allied processes that have expectable similarities, but also distinct differences. Unexpected parallels emerge when both are compared to psychoanalysis...
"Choosing a Divorce Mediator" - Finding and selecting a mediator can be easier if you follow some simple steps. In the best of circumstances, divorce is an uncomfortable process. Take the time to assure you have a mediator whom you like, respect and believe to be qualified to help both of you negotiate that equitable settlement...
"Mediation: A Better Way to Resolve Conflict" - What did you do the last time you found yourself in conflict with a co-worker, your neighbor, your spouse or your local businessman or woman? Did you get a knot in your stomach, walk away, fight back, decide it was your fault - or theirs, consider suing, consider moving out or moving away or quitting?
"Defining Mediation" - When you are considering separation or divorce there are a lot of decisions to be made. You will have to find answers to the questions of when?, where?, what? and how?. The question of how you will separate is about the process you will use...
"The Most Common Asked Questions About Mediation" - Why use mediation?There are many reasons; the primary ones are: You can:Save a significant amount of money Reduce anger and bitterness Allow the divorcing couple to make their own decisions. Create a cooperative atmosphere, clarify the issues between spouses, foster clear communication, and keep emotional tension separate from financial decisions. Acquire vital information, including legal, financial, and parenting information. Receive a fair settlement...
"The Use of Alternative Dispute Resolution" - "Discourage Litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often really a loser - - in fees, expenses and waste of time. As a peacemaker, the lawyer has a superior opportunity at being a good man. There will still be business enough."
"The Basics of Mediation" - Mediation is a tested, sensitive, intelligent approach to the resolution of separation, divorce and custody disputes. It offers divorcing couples a more effective and humane alternative to the traditional adversarial process...
"The Benefit of Divorce Mediation" - I sat on the floor recently at a birthday party for a friend of my three-year-old, chatting with a group of four other morns. When it came to light that all four were divorced single mothers, the conversation quickly turned to the colorful descriptions of the fathers of their respective children...
"Mediation & Christianity" - Many Christians view marriage and the relationship it signifies as a reflection of the intimate relationship the human being has with God and God's presence through the Holy Spirit...
"The Appropriate Divorce Model" - Experience and research has helped us identify some of the basic elements of a successful and healthy divorce. The term "successful and healthy" as used here, means completing the divorce process of emotional separation, achieving a new center...
"Choice: Divorce Mediation" - Divorce cases that lead to unrestrained and extended litigation are undeniably always destructive and disastrous expenditures of family resources. It is easily estimated that discovery alone in the traditional adversarial litigated divorce can cost more than $20.000 in a fairly routine case...
"What is Mediation?" In our traditional adversarial system, each spouse hires a separate attorney to represent themselves. The lawyers then spend substantial time negotiating with each other and then additional time communicating the outcome of the negotiations to their respective clients...
"10 Reasons to Mediate?" - When both spouses meet with one Divorce Mediator they can share the cost, which is commonly $800.00 to $5000.00 total. If the spouses were to retain separate attorneys to represent them in the divorce, each would be paying a simple retainer of $1500.00-$4500.00 just to get started...
"Conflict Resolution" - Conflict occurs when two or more people believe that what each wants is incompatible with what the other wants. Conflict is likely to increase in times of change. It is an important human process which can often lead to constructive and creative results...
"Wisconsin Divorce Mediation" - In recent years there has been a growing interest in divorce mediation, which is a process for helping divorcing parties reach a settlement agreement in a cooperative manner rather than having them battle it out in court for the judge to decide the issues. Mediation lets the parties keep control of the process and of the terms of the divorce...
"FAQs About Divorce Mediation" - Mediation is a tested, more sensitive approach to separation and divorce. It is a non-adversarial process helping people to dissolve marriages, or domestic partnerships, once the decision to separate is made. The framework provides partners the opportunity to negotiate mutually beneficial agreements that include property settlement, spousal support, child support and custody...
"Divorce: What Went Wrong" - The "D-Word" strikes at the heart of all married couples. Prenuptial agreements - agreements made even before marriage - all have provisions for what happens in the event of a divorce. Recent statistics suggest that 50% of all marriages in the United States will end in divorce. In Southern California the divorce rate is purported to be even higher, somewhere in the neighborhood of 60-75% depending on which study one reads. In this articles I will be exploring some of the reasons that people divorce, some of the consequences of divorce, ways to prevent divorce, and, when all else fails, approaches divorce that can be less stressful to all of the parties involved...
"Keeping the Humanity in a Divorce" - We've all heard the tragic story from a family member, co-worker or friend -- they got a divorce and in the process, spent an unseemly amount of money for a lot of stress, aggravation and a settlement with which they were not really happy. The damage created by the experience is great; not only were they dealing with the loss of a mate and the loss of a significant amount of money upon which they were counting to rebuild their life, they were also dealing with the loss of their own humanity. ..
"10 Misconceptions About Divorce Mediation" - Mediation is the sensible alternative to litigation particularly when people are divorcing. When you think about divorce, you immediately think of lawyers, courts, judges, and litigation, not to mention expense and aggravation. People are not as familiar with mediation and often have erroneous notions about what the process of divorce mediation is all about...
"Divorce Mediation: An Alternative" - If divorce is the proper alternative for two individuals, they should be spared as much pain as possible. This can be done through the process of divorce mediation, in which one or two mediators help a husband and wife prepare their own separation agreement-- a feat accomplishment without the customary adversary-style anger, rancor and "go for the jugular" mind-set that is customary in contested divorces. There is no "contest" in divorce mediation; both spouses are looking toward the future for better lives for themselves and their children and not dwelling on the past hurts...
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