When it comes to getting a divorce not everything has to be a knock-down, drawn-out affair for both parties. Divorce mediation can help avoid court and resolve numerous questions. Mediation is one of the most frequently used methods of alternative dispute resolution when it comes to negotiating a divorce settlement.
Here are a few facts about Mediation that will help answer common questions about the process.
What is Mediation? Mediation is used to settle disputes when two parties are unable to agree or settle a disagreement. It is not binding unless an agreement is reached.
What is a mediator? In mediation, several people will be present such as, the parties, their attorneys, and the mediator. A mediator is a neutral party that is specially trained to help the parties create a fair and reasonable divorce agreement. The goal for every mediator is to reach an agreement that both parties are happy with, or that they can at least live with.
What is discussed in Mediation? Several divorce matters are discussed while in mediation. You and your soon to be ex-spouse need to decide more than a few important issues. The most common issues that are discussed are: distribution of property/assets/liabilities, child custody, child support, retirement, taxes, and more.
How long does mediation take? The length of mediation can vary on what issues have to be agreed upon. Also, the length of time spent in mediation can be determined by you and your spouse’s willingness to cooperate and come up with an agreement. Divorce mediation can be completed in as little as a couple of hours to an entire day.
What happens after Mediation? Depending on if both parties have come to an agreement or not will determine what will happen after mediation. In most cases, mediation results in the parties leaving with a written and signed agreement. The agreement will lay out every detail that the parties agreed on. The agreement is then filed in the Court and will be ratified by a Judge.
Alison Baxter Herlihy is now a registered mediator. She recently completed a forty hour training on Domestic and Family Mediation and is now a Registered Domestic Relations Mediator on the State Court Mediator Roster maintained by the Alabama Center for Dispute Resolution.
The Alabama Supreme Court currently has a grant program and is working in conjunction with the Alabama Center for Dispute Resolution to pay for the services of a registered mediator in cases involving minor children where the total family income is less than $85,000.00 per year. At this time, Alison is the only registered domestic relations mediator in Mobile County, Alabama.
Alison is very much looking forward to wrapping up her first ten years of law practice and adding the service of mediation as decade number two commences. Resolution of complex changes beings here!
Please take a look at Alison’s profile with the Alabama Center for Dispute Resolution for more information. Here is a link to their site:
A new bill providing for Grandparent Visitation in Alabama has passed the Alabama Legislature. Under the new law, a grandparent can file an original action for visitation or intervene in a pending action relating to custody of a child where the parents’ relationship is terminated by death or divorce, the child was born out of wedlock, or if one of the parents’ parental rights have been terminated.
There is a rebuttable presumption under the law that the parent’s decision not to allow visitation is in the best interests of the child, and the burden is on the petitioning grandparent to rebut said presumption. To rebut this presumption, the grandparent must prove both that they have established a significant and viable relationship with the child and that visitation is in the best interests of the child.
The new statute becomes effective on the first day of the third month following the Governor’s signature. Previous versions of this law have all been found to be unconstitutional by the Alabama Supreme Court, so it remains to be seen how long this shall remain the law of our state.
Tax season is upon us, and that is the time of year that a lot of parents take an inventory of their complete financial picture. Is it time to consider a recalculation of child support? Child Support: What Parents Need to Know is latest installment of my online video blog series, and it contains an overview of the various factors which affect child support.
Mobile Arts Council & The Family Center Present — Fatherhood: Creating a Positive Legacy
The event is June 15, 2013 from 9am until Noon in Cathedral Square in Downtown Mobile. Activities include:
Station One – FHC – Legacy Workbox (toolbox)
Station Two – Mobile Arts Council – Father-Child Legacy Notebook – Riley Brenes
This will also include Photograph of Fathers with Children for cover of Notebooks
Station Three – Mobile Arts Council – Recycled Legacy – Shane Reynolds
Create tabletop sculptures from recycled material
Keep Mobile Beautiful
Station Four – Mobile Arts Council – Legacy Medallion – Alexi Kazantsev
Create Family Crest
Father/Daughter dancing – near fountain
These events conclude at 12:30 with the Dedication of Father –Child Mural at Gayfer’s Building across from Bienville Square. The mural was produced by Riley Brenes and members of the Boys & Girls Clubs at Semmes, Cody Road, and Mae Eanes. The mural is the culminating activity for the visual arts program created by Mobile Arts Council and was designed by the children. This project was made possible by grants received by Mobile Arts Council from PNC Bank and the National Endowment for the Arts.
Alison Baxter Herlihy is teaching a continuing education course at the University of South Alabama in Mobile, Alabama, entitled Grandparents’ Legal Rights in Alabama. This class is being taught on Thursday, April 5, 2012 from 6:00 to 8:00 pm. It is designed as a community-oriented course to provide general knowledge to the layperson on the basics of how Alabama law addresses such family law issues as visitation, custody, and adoption for grandparents. For more information or to enroll in this course, go to www.usacontinuinged.com or call (251) 405-9928.
