Online Mediation

Divorce Mediation and the Gen X Family

by Petra Maxwell on July 20, 2011

Post image for Divorce Mediation and the Gen X Family

 

A  recent Wall Street Journal piece focused on Gen Xers (born between 1965 and 1980) and divorce.  As the author points out, this is the generation defined by divorce: nearly half of Gen Xers grew up in split households, and roughly 40% were latch-key kids. It’s no wonder, then, that  Gen Xers, now married with their own families, are more determined than ever to get it right.

Learning From the Past, in Marriage and Divorce

Contrary to popular belief, children of divorced households aren’t necessarily headed for a failed marriage themselves.  The article points out that, for the first time in over two decades, the divorce rate has dipped.  Recent census data shows that the early wave of Gen Xers married in the early 1990’s have stayed married past the 10-year mark.  Gen Xers are loathe to put their kids through what they themselves have endured as neglected children, shuttled from household to household. But divorce still happens.  Gen Xers, like their parents, lead complicated, dual career lives that present multiple challenges when trying to navigate around the competing demands of jobs and kids. When the marriage breaks down, the Gen X couple, who themselves suffered the pain and emptiness of divorce, is again determined to “get it right”.

For Gen Xers, Mediation Makes for Better Co-Parenting

This generation that has a laser focus on its own children is very attuned to the effect of divorce on kids because they themselves lived through it.  More and more, Gen Xers are turning to mediation to negotiate their separation and divorce to help reduce the negative impact of the transition on their kids. That’s good news for the children since a University of Virginia study has shown that divorce mediation does what mediators have long been saying it does – it fosters better communication between the parents, allowing them to stay actively engaged in their kids’ lives as parents co-parents.  (Also read our previous article, Divorce Mediation Makes Better Parents).

Create A Parenting Plan!

If you’re a Gen Xer (and even if you’re not), you want mediation to help you lay the groundwork for cooperative co-parenting, so that you can continue to give your kids a grounded and balanced childhood, even if they have two homes. We are experienced at working with parents who lead complex lives – professional moms and dads with multiple kids and complicated parenting arrangements – and we understand your interest in making sure that your children go on to lead healthy, secure and balanced lives with continued access and support from both parents, despite your break-up.  Contact us for information on how we can help you create (or revise) a co-parenting plan that will help you ‘get it right’ so you can remain actively involved parents for your kids.

 

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Post image for Keeping Aging Couples Together: mediating your family’s eldercare options

As the elderly population grows, one segment of that group is bigger than ever before: married seniors. 45% of men over the age of 85 still live at home with their spouse. Another 10% of senior men are married, but are living apart from their spouse (who is most likely in a nursing home). As senior couples and their concerned family members confront caregiving decisions, the couples’ desire to continue to live together is a huge challenge. There are a number of living arrangements to consider and holding a family meeting to consider them may be the best way to sort out the pros and cons.

Most senior couples prefer to continue to live together at home. But when one spouse is in need of extra help, it places the healthier spouse in a care-giving role. Remaining at home may be the goal for many, many couples, but doing so without the right support can mean injury for the healthier spouse. When families are faced with the important question of how elderly loved ones can enjoy their time together without compromising the health and safety of each partner, it makes sense to hold a family meeting – sometimes with the aid of a mediator – to weigh the options. Here are a few to consider:

Aging in place at home may seem like the best option for elderly couples. They have the chance to stay together in a familiar environment and if they can manage to hire an in-home care professional, the couple will get the care and support they need. On the other hand, families must keep in mind that constant contact with caregivers can lead the healthier spouse to feel intruded upon, and round the clock in-home care can be pricey.

Moving together to an assisted living facility is a also a popular option, but rarely do both spouses stay at the same activity and health level. One spouse is likely to fall into a caregiving role in this situation as well, when the facility does not have the services the weakening spouse needs. Moving together to a facility that provides the higher level of care the less healthy spouse requires ensures that health needs are met, but can result in the healthier spouse feeling trapped in a place that doesn’t offer the opportunities he or she needs to remain active, and can result in the healthy spouse deteriorating.

Living separately at different facilities (assisted living and a nursing home) or one spouse remaining at home while the other moves into residential care are options, but is usually distressing for both spouses and can negatively impact their health.

Continuing Care Retirement Communities (CCRCs) have been stepping up to the plate lately to fill the void. These residential centers offer a wide array of services and care which can be customized to each spouse’s needs. This may be the perfect solution for a couple that can’t remain at home together, however it can be cost-prohibitive. Most CCRCs require a buy-in fee and then monthly payments (which can be comparable to live-at-home costs). And the sliding levels of care may only be offered in specific buildings on the grounds, meaning one spouse might need to move to receive a higher level of care.

Clearly, there are a number of options available to aging couples – some of which have not even been touched upon here. There are no perfect solutions, but understanding a couple’s need to remain together is the first step in the process of making long-term care decisions. Holding a family meeting, either with or without the help of a mediator, is a great way to put everyone’s needs and concerns on the table so they can devise the best possible strategy.

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Post image for Mythbusting Mediation: The Top 10 Common Misperceptions About Mediation

 

Although, more and more, mediation is becoming the preferred way for people to settle their disputes, there are still a lot of misperceptions about it.  Here are the top 10 fears and common concerns that I hear regularly from people that prevent them from taking the wise approach to conflict resolution.

1. Mediation only works if you already agree about most things. The whole point of mediation is to solve problems you don’t agree about. The process helps you find compromises and common ground when before you didn’t believe you had any. Just think of mediation as an alternative to going to court, except that the process is private, less expensive, faster, and you maintain more control over the outcome.  You don’t need to agree on the issues.  You just need to agree to mediate.  From there, each of you will work with your mediator to negotiate and problem-solve in order to develop solutions to your unique set of problems.

2. The mediator makes all the decisions. The mediator is actually there as a neutral third party to move the process along. He or she doesn’t decide anything at all and has no power to do so. Only the people sitting in mediation can make decisions about their situation.  The mediator may help by guiding you in your thinking, offering suggestions, and may point out options to assist you in brain-storming solutions.  But, ultimately, you are in the driver’s seat when it comes to developing solutions that work best for each of you.

3. Mediation is too time-consuming. Mediation almost always takes far less time than a contested court proceeding, when you consider all the hours your attorney must put in to prepare for court. Also, because mediators charge less than trial attorneys, you save money.

4. Mediation is touchy-feely. Mediation is not therapy. To resolve certain difficult issues it can be helpful to talk about the emotions or reasons behind them, but the goal in mediation is not to talk through your problems as you might in therapy. Instead, the goal is to tackle problems until you find a solution that works for everyone.  From there, your mediator will help you draft an agreement that will be enforceable in court.

5. Mediation is not for people with a lot of assets or complicated businesses. Mediation works in almost every situation. As long as parties are willing to sit down together to meet and discuss their conflict, mediation is possible.  Mediators have been used to resolve conflicts in business partnership cases, employment and contract disputes, separation and divorce cases, family conflicts, eldercare matters, landlord-tenant and real estate cases, and a host of other types of cases.  The value or type of assets is unimportant. The same process is used to resolve them. Mediators are trained to work with any type of asset.

6. People who mediate don’t use lawyers. Most mediators strongly suggest that both parties hire an attorney for consultation during the process. The mediator’s role is not to provide legal advice (although legal information is given). Each person may wish to consult with an attorney to discuss strategy, rights, and what the potential outcome would be in court.

7. If there’s a power imbalance in the relationship to begin with, the weaker party won’t be protected in mediation. This concern comes up frequently and is expressed most commonly by women going through a divorce, or employees in conflict with their employers.  The belief is that, without an aggressive attorney by their sides, they won’t feel they can have a voice in mediation.  In fact, mediators are trained to insure that everyone is given an equal opportunity to speak freely and openly during mediation and that everyone is heard.  Mediators often act as ‘interpreters’ for parties to be sure that their messages are being conveyed clearly to the other side. In this way, the process can move forward and everyone’s interests are represented in the final agreement.

8. A mediated agreement is not legally enforceable. The mediation process is not only accepted by the courts, it is now highly favored and encouraged by the court system and any agreement reached by the parties is considered binding and enforceable.  When the parties create an agreement with the help of their mediator, it will be drafted in a legally acceptable form, signed and notarized.  In the case of a divorce, for example, the divorce Stipulation of Settlement Agreement, will be submitted to the court with the divorce petition and attached to the court order.  Once this happens, the agreement reached by the parties will be binding and enforceable.

9. Women are always at a disadvantage in mediation, particularly if the mediator is male. Mediation is blind to gender. The process is not skewed in any way to give either spouse better chances. A good mediator will ensure that both parties have a voice and an opportunity to speak and negotiate. The mediator’s gender is irrelevant because the mediator acts completely neutrally.

10. Mediation doesn’t work unless you have good communication with the other person. Most people are in conflict with one another because they don’t have good communication, so this is definitely not a requirement for mediation. It’s even possible to mediate without ever sitting in the same room or speaking directly to each other.  At Mediationline, for example, we have successfully mediated cases where the parties have not been in the same location and have chosen to conduct their mediation over email and through separate exchanges with a mediator. No matter what the style of communication, mediators are skilled at drawing out shy and withdrawn parties, diffusing tense situations, and bringing balance and equity between the parties so that everyone has a voice in the process.


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Post image for Getting the Most Out of Your Mediation: Do the Homework!

When you sign up for mediation, you might not expect to be given homework.  But homework is an essential part of most effective divorce, custody, or senior care mediations.

What Kind of Homework Should You Expect

Mediators often ask clients to take the time between sessions to think about the issues still to be decided and to generate possible solutions. Your mediator will usually prompt you to try to think about the topic in a way you never have before. For example, if you’re mediating a custody dispute your mediator might suggest you pretend to be your child and come up with solutions he or she might think of. Your mediator may also ask you to gather information from different sources, such as appraisals from real estate brokers or account information from investment advisors. In a senior care mediation, your mediator might suggest you make some phone calls and talk with some visiting nurses, elder care managers, or assisted living facilities. You may also be asked to do some organizational work—gathering records and documents and organizing them or creating a summary that can then be used in the next mediation session.

Why You Should Do Your Homework

If your mediator asks you to think about some issues, generate possible solutions, or gather records between mediation sessions it’s usually so that when you meet again everyone will have made some progress. Homework saves you time (and money) in mediation. Going home and spending some time thinking about the issues and possible solutions lets your mind slowly work through things in a way you cannot in a one-hour session. In the days or weeks between your sessions, you have time to let your active and subconscious mind process everything that was discussed in session and internalize it. This moves you closer to a solution. Gathering information or documents allows you to bring something new to the next session so there are more items to discuss.

How to Get the Most Out of Your Homework

If you approach your homework as something you just need to check off your list, you aren’t getting the complete benefit of it. This isn’t like math homework in high school where you just needed to scribble some answers down on paper to show the teacher you did something. Homework is intended to benefit you. You aren’t doing it for your mediator. You’re doing it for yourself. You committed to mediation and you want it to help you reach an equitable resolution. The only way to do that is to devote time and energy to the process—which means taking the homework seriously.  As you gather your information, think about how it can benefit the settlement process.  Begin to think about creative ways for how you might be able to give and take as a way to reach a fair agreement.

Mediation homework is an integral part of the process and giving it the time and attention it needs will help move your mediation case along more quickly and get you to a mutually agreeable solution as fast as possible.

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Many of us were encouraged, weren’t we?  A tech-savvy presidential administration that seemed to really ‘get’ how we tend to communicate …..and, therefore, how to connect with its public through Facebook, Twitter, Web video, and chat rooms?  And then there was all of the pre- and post-campaign talk about the use of such media to open up the political process; bring us all into the fold, as it were.

You can’t have missed the recent press, then, about our very same administration proposing a sweeping wiretapping agenda.  Proposals to infiltrate Facebook, Skype, and other online face-to-face communication tools…..had they seen the other side and gotten scared?

And now I can visualize the wheels spinning in your heads (because they did in mine as well):  “Wait a minute ….. and I’m about to sign up for Online Mediation?  I don’t feel safe!”

First, were the proposal to pass (and I have my doubts that it will), wiretapping can’t take place without a warrant.  In extreme emergency situations, courts and government agencies can get around the warrant requirements, but I remain confident that the mediation work we do on behalf of couples, families and small businesses doesn’t come close to raising the eyebrows of government watchdogs.

Second, I am hopeful, perhaps naively, that we’ll fight the good fight on this one.  Health practitioners, educators, therapists, and mediators, all rely on online tools to connect privately with their clients.  If I have to round my colleagues up myself so we can voice our concern about where to draw a responsible line on this matter, then I’ll roll up my sleeves and do that!

And finally, we’re always looking for newer and better ways to connect with you.  Your privacy and security is of paramount importance to us.  We will do everything we can to ensure that your confidentiality is protected and will utilize the latest technology to make that happen.

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