|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Frequently Asked Questions
How long does mediation take, and how much does it cost? (top)
The number of sessions needed to complete a mediation agreement
varies greatly. The type and complexity of the dispute, and the
ability of the participants to negotiate during and after the
sessions are factors which directly affect the time and cost of
successful mediation.
What is the difference between arbitration and mediation? (top)
In mediation, the neutral third party listens to all sides of
the issue and provides assistance and encouragement to the
parties to resolve their own dispute. With arbitration, the
neutral third party renders a decision for the parties after
hearing all sides of the conflict. Disputants in mediation are
empowered to negotiate for themselves and to jointly agree on an
outcome. In arbitration, the disputants rely on the arbitrator
for determining the outcome.
Although the types of conflicts, issues and situations vary,
over half the disputes resolved at the Center are between and
among family members. Families mediate conflicts relating to
separation and divorce, parenting issues and other relationship
issues. Community disputes include landlord/tenant,
consumer/merchant, neighborhood, and friendship problems.
Organizations and businesses also use mediation or facilitation
services to resolve conflict between employers and employees,
clients, management issues and inter-organizational disputes.
The best candidates for mediation involve parties who have an
ongoing relationship and, therefore, have an incentive to
resolve the dispute amicably. An interest in settling the
conflict and support from others to do so are also positive
factors for mediation success. Mediation may likewise be
appropriate in situations involving several issues and parties
where a comprehensive solution is called for.
Situations involving serious patterns of domestic violence,
substance abuse, and mental disability are evaluated on a case
by case basis as to their appropriateness for mediation. There
has been some success with these situations; however, caution is
necessary when there is an imbalance of power, when a party may
have difficulty negotiating reasonably, or when there may be an
inability to comply with an agreement.
Confidentiality is required by statute, and mediators cannot be
summoned to testify in court. Information will only be released
if all parties sign an authorization for release of information.
Generally, only the individuals directly involved in the dispute
attend the mediation sessions. Occasionally, other people such
as family members, lawyers, or other professionals are included
if they are needed for support, or to assist with resolving the
dispute. Both parties must give permission for anyone else to
attend or observe.
Assuming the parties were aware of what they signed, and agreed
to the terms without coercion, a signed Memorandum of Agreement
is viewed as contractual. Generally enforcement is not an issue.
Because the parties negotiate the agreement themselves after
thoroughly considering the entire situation, and, generally,
after consulting with their attorneys, they only sign if they
believe that to do so is in their best interest.
Aside from initially referring cases, attorneys can be a very
important resource to mediation clients. Consulting with an
attorney prior to and during mediation provides clients with
basic legal information that can aid with negotiations and can
provide realistic understanding of alternatives. We recommend
that mediation clients consult with an attorney before signing
any Memorandum of Agreement.
Mediation provides a non-threatening, neutral setting where
people can communicate more effectively. Here, a trained
mediator guides disputing parties to come to an agreement while
enabling the maintenance of long-term relationships. The pain
and disruption from unresolved conflict can be reduced
considerably with this process.
The Mediation Center of Hampton Roads is the largest private
mediation firm in the region. We have a staff of over fifteen
highly qualified mediators who can help you to resolve almost
any type of conflict. All of our mediators hold advanced degrees
in relevant fields, are certified by the Supreme Court of
Virginia, and are qualified to receive both court and private
referrals. Our mediators are members of the Society for
Professionals in Dispute Resolution, The Academy of Family
Mediators, The American Arbitration Association, and both the
Tidewater and Virginia Mediation Networks.
Other training programs and services we offer include a
parenting seminar for divorcing or separating parents, peer
mediation and conflict resolution training for corporations and
community organizations. We are also available to speak to your
organization or community group about mediation and conflict
resolution.
_____________________________________________________ Parenting Chec klist:1. General Statement on Co-Parenting 2. Title for Parenting Agreements 3. Schedule for Children a. Weekdays/nights and weekends (school year) b. Summer vacations and school vacations c. Holidays and religious holidays (e.g Thanksgiving, Christmas, ect) d. Special days (e.g. Childs birthday, Parents birthdays, ect) e. Time with grandparents f. Planning for periodic changes in schedule (1-4 times a year)
4. Special Details a. Transportations responsibility b. Changeover times and places c. Notification of illness (of parent or child) d. Medical release forms if necessary e. Education and health information about children f. Travel outside immediate geographic area g. Instructions or restrictions h. Other
5. Parenting Rights and Responsibilities a. Major decisions concerning children (health, education, religious training, major activities, general welfare b. Method for parents to share information concerning children 6. Process for Deciding Changes in Parenting Arrangements a. If one or both parents move b. remarriage c. Other
________________________________________________________________________________________________
1. Monetary payments for child support a. From whom to whom b. Amounts and how often c. Direct or through the court, court fees d. If direct, any coverage of legal costs for enforcement e. Any reduction of child support when children with other parent f. Child care expenses g. Other child-related expenses (clothing, activities, camp, etc.)
2. Medical insurance coverage for children a. Carried by whom b. Payments made by whom c. Change if parent carrying insurance not covered through employment
3. Medical costs not covered by insurance a. Paid for by whom b. What will be paid for – hospital, medical, optical, dental, orthodontic, counseling, psychological, psychiatric 4. Life insurance to cover obligations to children in case of death of parent a. How much to go for this obligation b. For how long c. Who will be the beneficiary d. Should there be a life insurance trust
5. Income tax exemptions for children and signing of waiver 6. Post-high school education of children a. Any minimum guarantees to children b. Any agreement on contributions by parents 7. Wedding
________________________________________________________________________________________________ FINANCIAL INFORMATION AND INCOME STATEMENT
Name:__________________________________________________________________
Agreed upon date of validation:____________________________________
If there is any question by either party as to the value of any property or the balance on any account, bring in the documentation to the mediator (i.e., bank statements, appraisals, ect.). It may also be necessary to bring copies of Federal and State Income Tax returns and W-2 forums or copies of you’re leave and earning statements.
Enter the value of the following items of property precisely as you can. Also, identify the property as precisely as possible, names of banks, ect. List according to the name in which the property is titled.
ASSETS
A.
B.
C.
D.
E.
F.
G.
H.
I.
LIABILITIES
A.
B.
C.
D.
ADDITIONAL CONSIDERATIONS
A.
B.
C.
D.
E.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
