Jumat, 20 Maret 2009


Spring in 5,4,3, 2, 1
A Time for Mediation?



Welcome to Spring!! I have never awaited a season with more hope and anticipation as I await this Spring. Personally this winter wreaked its havoc on my family and professional I along with the rest of the economy felt what it was like to worry about business and finances. Although none of us is out of the woods just yet, along with the new season brings a new optimism. Our President was on late night TV telling us things are getting better, the Dow is responding better and the housing market after many years is beginning to bounce back again.

Each Spring I feel is a new beginning and it seems that my clients feel much the same way. Those who were resisting divorce because of the cost have decided that they need a new beginning..maybe mediation is the way to go? Mediation of course is much less costly than traditional divorce methods. It can avoid the courts all together and the best part is that the couples remain in control of their lives.

Mediation really is the best way for couples to dissolve their marriages and in an economy like this it is by far the most economical way.

Pros of Mediation:

1. Cheaper than traditional divorce
2. No need to go to court
3. No judge involved
4. No forensics or law guardians involved
5. faster than traditional divorce proceedings
6. Emotionally less draining on the parties
7. Much more civil and less draining on the children

Cons of Mediation:


1. Both parties must be willing to compromise
2. Usually forensic accountants are not used(but they could be if agreed to between the parties)**
3. Both parties must be motivated to come to the mediation sessions
4. Both parties must come to some agreement to move the matter forward
5. Both parties must be willing to sign an agreement
6. Neither party is compelled to proceed with mediation by threat of court intervention
7. Mediation can and will fail if one party chooses not to co-operate or withhold information

Mediation certainly is not for every couple but it can and should be for most couples to consider before heading out to hire individual attorneys. A new beginning needed in your life? Maybe Mediation is the answer.







* thus use of forensic accountants may be important in the event there is a business which may need to be evaluated or Pension plans where the value is needed in order to make a comparison of the assets in an effort to negotiate a distribution of who gets what.

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