September 13, 2012

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Co-Parenting Until Death Do You Part - For divorcing couples with young children, resolving immediate critical issues — from custody and time-share arrangements to education and religious involvement — is just the beginning of their long-term work as co-parents.

Overcoming Communication Barriers In Marriage & Divorce - Whether going through a divorce or just dealing with everyday life, give yourself the gift of stepping outside the drama and communicating effectively in order to make better choices as you move forward.

September 6, 2012

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Children and divorce: How to help kids understand Children naturally ask questions. “Why is the ocean blue?” “Do I have to go to school today?” and “How does it work?” are all questions that many parents can answer, often without a second thought.

Social Media’s Role in Your Divorce - Digital technology and social media are ever-present in American’s lives. Accordingly, when couples divorce, social media is playing a role in the divorce process. Information shared on social media sites like Facebook and Twitter may have been the catalyst behind the divorce, or they may serve as an evidentiary goldmine during a contested proceeding. Knowing how social media sites and digital technology can affect a divorce is important for anyone in this information age.

Why Mediation for Workplace Disputes is So Effective

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Mediation in the workplace involves a confidential, dispute resolution process where one or more non-biased, impartial mediators assist the organization and employee(s) in resolving conflict and workplace disputes.  It is usually a voluntary process, although some companies require employees to agree to mediation instead of litigation for dispute resolution before they can even be hired.

Mediation to handle workplace disputes is a highly effective method that keeps conflict out of the courts.  In mediation, each party involved in the conflict is given an opportunity to state their point of view and be heard by a neutral third party.  This ensures a more amicable resolution, minimizes the bitterness that can hamper workplace relations after the conflict is resolved, and keeps the cost and time involved in solving conflicts to an absolute minimum.

Mediators charge a fraction of the cost that is usually associated with legal fees in a litigated suit.  In addition to this cost-saving feature of mediation, it also takes place in a fraction of the time that is normally needed when cases are handled through litigation.  Time and money are two assets that most people (and businesses) can’t afford to waste, so mediation just makes sense for everyone involved.  Plus, the outcome of mediation is as legally binding as the outcome of a litigated trial, so the parties don’t have to worry about one side not taking the solution seriously enough.

Additionally, there is utmost confidentiality when companies and employees decide to use mediation to resolve workplace disputes.  When a conflict is litigated, it becomes a matter of public record, and can tarnish the reputation of a company that has worked hard to establish a positive one.  Mediation, however, is handled privately, and neither party involved in the dispute has to worry about the issue becoming a matter of public record.

September 3, 2012

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Mediation or arbitration can rapidly end disputes - Mediation and arbitration as ways to sort out legal disputes are becoming more attractive options for companies to resolve legal issues.

Dispute Resolution: Information and advice: what’s the difference? - The Florida Legislature has tried to clear up the situation in Statute 732.703, titled “Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death.” It applies to ownership designation disputes for all persons dying after July 1, 2012.

Sure Fire Tips to Improve Your Mediation Skills

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Mediation is a vital tool in any corporation.  Disputes happen and companies would like to avoid the courtroom.  That is when mediators need to be called in.  Mediators play an important third party in charge of listening to each side and helping them come to a settlement.  There are a bunch of vital skills that you need to have and constantly improve to be a successful mediator.

Keep It Neutral
The first skill needed is to keep it neutral.  The reason a mediator is around in the first place is because they are a neutral third party and unbiased towards anyone.  Do not judge one party by what the other party is saying.  You may think one party is being stubborn and rude but that is not part of the job.  Your job is to listen and make an informed, unemotional decision.  Don’t let any influences besides the information presented sway your decision.  Do your best to separate yourself from the emotional aspect and you will become a better mediator.

Stay Calm
Another good skill when it comes to mediation is being able to stay calm.  You can work on this by defining what problems you may have before going into the mediation.  Get a list of things that may become roadblocks during the case and come up with ways to push past them.  Keeping calm yourself will also help the two disputing parties stay calmer then they would be if you seemed stressed.  Improving your ability to remain calm will make for smoother sailing in future mediations.

Active Listening
The next skill you should improve is your active listening.  The way to improve this is also by remaining neutral.  You need to keep a level head and observe each of the parties and listen to them as best you can.  Take notes and try and understand each side.  Listen, ask questions, and learn about each of the people.  This will help you gain more information over the dispute and thus help you make a more informed decision.

Establish Goals
A good way to make the process of mediation go smoother is by establishing goals before you even enter the room.  Knowing what each party is hoping to get out of it and what they are willing to settle at will make your job easier and will make each party happier.  By having a list of goals, you can see how well you actually did after the process is over.  Look at the notes and think to yourself whether or not the end results are even close to the goal end results.

Avoid Stand Still
Next, a good thing to learn is how to not get stuck in a stand still.  Keep the conversation moving and people talking.  Keep making progress between the two parties.  Nothing can kill a mediation meeting faster than hitting a brick wall.  You can do this by continuously getting the two parties to converse then slowly ease back into negotiations.  Often, the two parties will have a history of differences so they may become stubborn.  Keep them as calm as you can by knowing when to ease off a topic for the time being.  If you hit a standstill for too long, you may need to have another mediation meeting so each party can have a cool off period.

Be Assertive
The last thing you can do to be a good mediator is know when to be assertive.  You must know when to take charge of a meeting that is going nowhere.  Remember, mediation doesn’t need to end with both people getting exactly what they want.  Make sure each person has an open mind and is willing to budge a little for the benefit of both parties.

Mediation is a vital tool in business these days and keeps decisions impartial.  Being patient, listening, and making an informed judgment is the best way to be successful.  Keep decisions unbiased and fair.