ALBERNI FAMILY MEDIATION &
DIVORCE FINANCIAL ANALYST

PROVIDING BEST SOLUTIONS FOR COUPLES AND PARTNERS IN TRANSITION

CHOOSING A MEDIATOR - SEE ARTICLE BELOW

COMPARING
      THE TWO
 APPROACHES
 
FEATURE
 MEDIATION
 COURTS
 
 COSTS
 $125/HR x 1 couple x 20-40 hrs =
 $2500 - $5000

 $300/hr x 2 people x 30-100 hrs =  $18,000 - $60,000
 
 TIME PERIOD
 ONE TO SIX MONTHS
 SIX MONTHS TO FOUR YEARS
 
 LEGAL INFORMATION
Mediator is knowledgeable of statures, guidelines and cases and can provide information as needed
Lawyers can advise clients & provide legal information
 
 EMOTIONAL IMPACT ON
PARTIES/PARENTS
Mediation is about working through those challenging emotions,clarifying hidden interests while improving communication, providing an atmosphere to share options generating better options
Position based confrontation set up, negative effect on parenting after divorce, increases anxiety/stress, limited possibility to express real concerns to achieve good solutions
 
 CHILDREN IMPACT
Focuses more on child needs, child may particpate in meetings if of age and if helpful to the process, faster family resolution to move forward
The longer the children are caught between the parents and are very unsure about their world which continues for years after, can promote isolation issues in adult life
 
  COMMUNICATION
Set stage for decision makng to reach best possible options which achieve greatest mutual benefits. Supports parenting after separation.
Defensiveness, hostility & insecurity builds = increased communications barriers which carries over into parenting exchanges & sets stage for more court proceedings
 
 DECISION MAKING
Between parties and by the parties with safe process mediation. You get to say much more and to decide much more. Results in more lasting agreements and staying out of court.
Decisions made by the judge and strongly influenced by lawyers who do not weight either parties needs or know your deepest concerns but follow set guidelines in statues often not tailored to either of you.
 
 CONFIDENTIALITY
Private, not admissible in court, confidential, no records until final separation agreement but full disclosure is required.
Open to the public, several court appearances and settlement conferences, full disclosure of financial information and is part of public record.
 
 DIVISION OF PROPERTY AND DEBTS
As a CDFA, you receive detailed projections of budgets, net worth, working capital providing a view into the future for superior and best decision making.
 Lawyers and judges rely on accountants & experts like myself at additional costs or accept limited analysis therefore missing options and rendering less effective decisions * which can result in a return to court in the future.
 

                  You’re a Mediator. Really?

Published July 7, 2014 | By Don Sinkov, a New York Mediator


I was recently emailed a 65-page Settlement Agreement by an unhappy couple. They said that the mediator who created the Agreement was horrible: He had produced this incredibly long Agreement, but they still had tons of unresolved issues.They explained that the odd part was that the husband and wife were in complete agreement on everything. However, a week or two after they had been in to modify the Agreement for the third time, the mediator called them and said, “I’ve discovered more issues. You have to come back.”They said, “We used the services of this mediator to create our Settlement Agreement.”I asked, “Do you mind telling me who it is?”They told me, and I said, “Hmmm, I’ve never heard of him.”I looked him up, and he turned out to be a divorce attorney marketing himself as a mediator.Why? A lot of couples are seeking mediation – so after years of saying that mediation is useless, some attorneys are now trying to jump on the bandwagon. They are marketing themselves as mediators, but conducting themselves like attorneys.My advice is that, before you hire a mediator, check their credentials. Set up a consultation with them, and interview them during that meeting. Get an idea of what their background is.Ask them how many divorces they have mediated.While some lawyers can be good mediators, just being a lawyer doesn’t qualify them as being a mediator. When choosing a mediator:“Choose Wisely!”


***** In B.C. lawyers acting as attorneys are required to have 40 hours of mediation courses.  Some lawyers I have met provide a very excellent services based on that training and others however still have a strong mind set on the adversarial approach - most challenging for some to make that shift. - E. Knight

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