WHY CHOOSE MEDIATION?
Mediation is a structured process or a series of discussions aimed at achieving an amicable outcome in respect of disputes that may arise between parents who separate, are in the process of a divorce or post-divorce. This process is designed to create an opportunity for parents (and significant others) to reach consensus in respect of various issues regarding children such as; maintenance, custody/primary residence, access/contact, care, guardianship, and relocation, to name a few. Mediation ensures that an approach which is conducive to conciliation and problem-solving is followed and a confrontational approach such as litigation is avoided thus ensuring a conducive parenting relationship with the focus remaining vested in the well-being of the children. Dividing responsibilities in conjunction with equal participation in decision making would be described as a “low conflict divorce/separation”. Research has proven that this amicable process is less damaging to the children involved than a high-conflict, “he-said-she-said”, court process.
The individuals involved have more control over the matter and are given the platform to express their thoughts, concerns and their wishes. It is more efficient, affordable and less stressful for all parties involved than embarking upon a court process. Mediation is the perfect process for parties who are able to openly and honestly communicate with their co-parent and who can calmly and rationally resolve any problems that may arise in respect of their children in a controlled environment. It is wise to enlist the assistance of a Family Law mediation attorney because irrespective of the relationship between you and the co-parent, this process has the potential to be an emotional and stressful time and your judgment can easily become clouded.
Joselowitz & Andrews Attorneys’ Parenting Plans form the basis of the mediation process. Please see below for all the information you need to enter into a Parenting Plan, to always keep your children’s best interests at heart.
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HOW TO ENTER INTO A PARENTING PLAN WITH JOSELOWITZ & ANDREWS ATTORNEYS:
It is always in the best interests of all parties involved, especially the children, for parents and interested parties to enter into a parenting plan in order to regulate various parental responsibilities and rights in respect of the children. A parenting plan needs to be comprehensive, reduced to writing, signed by all the relevant parties involved and is made an order of the court. Parenting plans encompass the following: where and with whom the child/children are to reside, maintenance of the child/children, visitation rights and major decisions involving the child/children such as religion, schooling and medical decisions. Parenting plans are designed to assist parents and interested parties to minimise any future conflict that may arise in respect of their co-parenting relationship. It is important for parents to note that, notwithstanding the signature of all parties involved, parenting plans are not automatically legally binding documents until such time as it is made an order of the court.
WHAT IS THE DIFFERENCE BETWEEN NEGOTIATION AND MEDIATION?
NEGOTIATION:
Negotiation is a common dispute resolution procedure. It is done in an informal setting where together with your partner you reach an agreement. With negotiation, you can retain the services of an attorney to help you negotiate and reach the said agreement. This agreement must be written down on paper and must be dated and signed by the two parties in order to make the agreement enforceable by law.
MEDIATION:
With mediation, a mediator who is trained to deal with conflicts needs to be chosen and agreed upon by both parties. Mediators are often social workers, psychologists or lawyers. Their job is to help the partners communicate with one another in order to reach an agreement in an impartial manner. Attorneys aren’t allowed to accompany you into the mediation but you should hire one so you know your rights.
IF YOU’RE LOOKING FOR A FAMILY LAW MEDIATION ATTORNEY CONTACT US TODAY FOR YOUR APPOINTMENT.
You do not have to go to court to request the services of a professional Family Law mediation attorney. With our assistance, we encourage you to isolate the issues in your dispute, think about them and consider options to resolve your issues. As Family Law mediation attorneys – we act as good representation and our expertise allows us to effectively argue and negotiate the best possible agreement for you and your children. At Joselowitz & Andrews Attorneys we have both the knowledge and experience, having worked under one of the best Family lawyers in the country, Ivan Zartz, and we will always support you. We take your interests to heart and will represent everything you want and more. We don’t think you should risk losing your rights, rights that you are entitled to, so contact us today and book an appointment – and let us look after you.