What is Mediation?

What is Mediation?

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.

Social Media Do’s and Don’ts

Social Media Do’s and Don’ts

In the world today there are countless means of communication with others. Thanks to social media websites the world is more connected than ever. Websites such as Facebook, Twitter, Instagram, LinkedIn, Snapchat and more we are able to reconnect with your first love, childhood best friend, or college buddy. Unfortunately, with social media websites people can discover information you did not want them to.

If you are in the process of a divorce, child custody, and/or support case you should be cautious when using social media. You should think of social media activity as both public and permanent. If used properly social media can be entertaining and innocent but, if it is not used correctly it can be damaging to your case.

Here are some helpful tips to think about when using social media while going through a divorce, child custody, and/or support case.

1. DO NOT post pictures or comments revealing a wild, or out of control party lifestyle.

2. DO NOT post negatively about your Ex, your Ex’s family, your Ex’s attorney, or the Judge. Negativity will get you nowhere.

3. DO NOT post pictures of lavish vacations, fancy cars, new motorcycles, or luxury items (especially if child support is an issue).

4. DO NOT post status about your new boyfriend/girlfriend, particularly when your divorce is not finalized.

5. DO NOT post a profile on a dating website.

6. DO be selective about the information you share. Remember to think twice about what you post, even the smallest comments can be used against you in a divorce or custody/support case.

7. DO try and be positive, yet realistic. Posting negative, pessimistic, discouraging things about yourself can only hurt your case in the long run.

8. DO pay close attention to the photos your friends are posting of you or tagging you in. Your page is not the only one that could be monitored.

Alison Baxter Herlihy is now a Registered Mediator

Alison Baxter Herlihy is now a Registered Mediator

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:


Client Review on Avvo.com

One of my clients recently left me a very positive review on Avvo.com. Here is the review:

I had to return to court after a very contentious divorce. My previous attorney took another job and had to resign from my case, and I was directed by friends to call Ms. Herlihy.

From start to finish, Alison handled my case well. I always felt comfortable asking questions or asking for advice. She is clearly very capable, and very easy to work with.

I was completely confident with Ms. Herlihy representing me.

Child Support: What Parents Need to Know

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.