OUR SERVICES
SEPARATION | DIVORCE
“…peace and freedom walk together.”
– John F. Kennedy
Divorce ranks second only to death as the most stressful life event we experience. In some cases, separation and divorce is made by mutual decision, with grief and love in equal parts. In other cases, it can be fueled by anger, fear, bitterness, shame, and regret. In most cases, the matters arising from separation
are complex, painful, and rife with uncertainty.
Through mediation, you and your spouse can develop a practical plan for asset division, debt division, support, and child custody in a peaceful, non-adversarial, process that focusses on your family's unique circumstances. Mediation helps parties stay in control of the decisions that will affect the most integral parts of your lives – now and in the future.
The process is private, efficient, party and child focused, and collaborative - empowering both parties with authorship of their life's next chapter.
CHILD CUSTODY
“Cut the baby in half! That way each of you can have part of him.”
– King Solomon, 1 Kings 3:16-28
When King Solomon was called upon to arbitrate a dispute between two women, both claiming to be the natural mother of a baby, he famously said “Give me a sword,” suggesting to literally cut the baby in half. Solomon’s trickery worked and the child’s real mother revealed herself by protesting the killing. What, however, would King Solomon have done in the case of two loving parents instead of one?
Despite the potential for shared custody and fair parenting plans, no agreement will ever be able to effectively “split the baby” and the prospect of being without your child for any length of time is devastating for a parent.
In mediation, parents are reminded and directed to consider the best interests of the children when negotiating their agreement. The process allows you to brainstorm practical proposals that can best meet the children’s needs, in a confidential, non-judgmental and collaborative setting, setting the stage for future cooperation and a positive co-parenting relationship.
Through a child-focused and interest-driven mediation process, you are able to maintain control over your life’s most important decisions –your children, their future, and your relationship. You are already writing the early chapters of your children’s story of your divorce. In mediation, you write the middle and the end too.
CONSULTING ATTORNEY
“Look both ways when crossing the street… and hold my hand.”
– Mothers and Fathers Everywhere
A basic tenet of dispute resolution processes, including mediation and collaborative family law, is party self-determination. Resolution is reached by AGREEMENT – YOU are in control; YOU make the decision.
Attorney Consultation in Mediation keeps you in control of the process and the costs, while giving you access to independent legal advice along the way. This engagement of an attorney in limited scope allows you to decide how much and how little he/she will be involved in the process. In some cases, the attorney will attend mediation sessions, draft proposals and communicate directly with the other side. In other cases, they may help prepare you for your mediation, be available for you to check in with during the process, and/or review proposals or final agreements.
PRE|POST MARITAL AGREEMENTS
“If your head tells you one thing, and your heart tells you another, before you do anything, you should first decide whether you have a better head or a better heart.”
— Marilyn vos Savant
All marriages end – in death or divorce. Without a premarital agreement, the legal statutes and precedent determine the results. Sometimes, these statutes and precedent do not accord with parties’ intentions or personal notions of fairness. Sometimes, they predict unclear and uncertain result, resulting in messy and expensive legal battles. In many family circumstances, a premarital agreement is a reasonable, well-advised, and prudent risk management and estate planning initiative. While negotiating a premarital agreement may not rank high on the romance scale, it is a loving act when done in a fair and balanced manner.
Through mediation, your mediator will facilitate a dialogue that will help you and your partner better understand your risks, address your respective needs and expectations, and help determine your mutual intentions; and, your lawyers will help ensure the agreement addresses and balances those risks, clarifies your financial rights and obligations, and effectuates your mutual intentions. The process is collaborative, non-adversarial and goal-oriented… inviting both the Head and the Heart to the table.
VIRTUAL MEDIATION
“Any sufficiently advanced technology is indistinguishable from magic.”
- Arthur C. Clarke
We live in a fast-paced world circling the axle in rush hour traffic. Navigating geography, time and space so that you can be physically present in your mediator’s office simply may not be possible – or, may create too great a burden for one or both parties.
While in-person mediation is generally preferable, sometimes it is simply not possible or practical. Virtual mediation, via secure video or audio conferencing, provides many benefits. It is flexible, convenient and efficient. The potential less beneficial aspects of a virtual process include privacy concerns, communication limitations, and technology glitches, which can generally be well managed by party commitment, mediator skill… and a little bit of magic.
COLLABORATIVE DIVORCE
"In the long history of humankind (and animal kind, too) those who learned to collaborate and improvise most effectively have prevailed."
- Charles Darwin
Collaborative Family Law is based on a team model approach to your negotiations. Each party has their own lawyer (collaboratively trained and certified) and other neutral professionals depending on the circumstances of the case. The neutrals may include a mental health professional who acts as communications coach and/or financial neutral (CPA or financial planner) to facilitate options for financial solutions. The team may also include child specialists (mental health professionals), real estate professionals, or other jointly retained persons with expertise in the subject matters in issue. The key component of a collaborative divorce is a commitment (in writing) that both parties make to work together to reach peaceful resolution outside of court. The process is confidential and the full team is disqualified from participating in future court proceedings, if the process is terminated before reaching resolution.
