Handling small businesses in divorce mediation presents several challenges and added complexity to the process. For starters, there may be other owners involved in the company, or it could have been a business passed down within a family. The value of the company under consideration for the asset division is typically the value created during the marriage. Sometimes that substantial, and sometimes there is little to no value to divide.
If you were negotiating your divorce settlement through attorneys or at trial, you would likely rely on a business valuation or possibly two competing expert reports.
Most people who choose mediation to settle their divorce choose it because they don't want to waste marital assets on the divorce itself. Thus, paying $10,000-20,000 for business valuations does not make a lot of sense.
Related post: 10 Ways to Save Money on Your Divorce
Not only does the valuation add quite a bit of cost to the process, but it can also add quite a bit of time to...
Telling parents about divorce can be hard enough. I have seen the tension in a divorce increase too many times as a result of meddling family members or friends. During the holidays, we tend to interact with family members and friends more than we do all year long, so there is even more opportunity for meddling than there typically is.
From my professional experience, it is so hard to watch when a couple has committed to handling their settlement in a mature and amicable way, but someone gets in one of their ears and tears the whole thing apart.
When I sit down with my clients who are going through mediation, I always encourage them to keep the conversations that happen in mediation in the mediation room. I know that when you're emotional, you may want to vent to a friend or a family member. However, divorce is a difficult process for everyone who is involved, and a meddling family member can make it even more complicated.
Related post: How to Ask Your Spouse to...
It is my pleasure to welcome our latest guest blogger, Karen Dorsey. Karen is sharing some important information about a service often overlooked - pre-mediation coaching. Often those seeking mediation are looking to save money and aren't willing to consider additional services. However, some of those cost savings measures could cost you more in the long-run.
Pre-mediation is an excellent example of an investment that is well worth your time and money. It helps you to make the best use of your mediation sessions. While I (and I believe most other mediators) offer pre-mediation coaching on an informal basis for all my clients choosing mediation, Karen provides a more formal approach (described below), which could be especially helpful in high conflict cases.
Are you and your spouse deciding on whether or not to go to mediation?
Is your attorney recommending mediation instead of a costly court battle?
Is the court in your state...
If your husband asked for a divorce, you are likely experiencing a lot of different emotions. Take a step back and breathe. It might not feel like it right now, but you are going to be okay.
The first thing you should do is start taking really good care of yourself. This may seem like a strange recommendation, but when difficult things happen in our lives, it's easy to put self-care on the back burner. This is when we need it the most!
Related Post: 30 Journal Prompts to Help You Through Your Divorce
Give yourself time to process your feelings. If you want to try to work on your relationship before moving forward with terminating the marriage, you need to be as clear-headed as possible. If your spouse is adamant that they want to end the marriage and are not interested in trying to improve things, you are going to need a clear head to make all of the big decisions that will be coming your way.
I always encourage...
You've decided you want to try mediation but you aren't sure how to ask your spouse to mediate your divorce. I get it. When your marriage is ending, and both of you are going your separate ways, it can be hard to be on the same page about anything, much less mediation. Use the following tips to help you ask (and convince) your spouse to mediate the divorce.
As with anything, preparation is critical. While you don't need to be an expert on mediation, having enough background knowledge to understand why it interests you is essential. Do some research ahead of time. You might be able to find all you need to know with a simple online search, but if you are missing information, contact a professional for those details.
Once you have the details about mediation, you must communicate carefully with your spouse. Keep in mind that you may both be reeling from the changes taking place, so this is a great time...
When I first meet with couples seeking mediation for their divorce, I find that many have the same questions. One common question is how long divorce mediation will take to complete. It's a tough question to answer since there are many factors that contribute to the completion of divorce mediation. I'll share the factors that I consider to have an impact.
Most of the divorce mediations that I handle take two to four, two-hour mediation sessions to resolve all the issues that need to be resolved. This is after we meet together for a mediation orientation session. In the orientation, I discuss the mediation process and both parties sign the agreement to mediate. Additionally, by the time we start mediation I have had the opportunity to meet with each party individually to discuss their goals and concerns. Here are the six factors that I have noticed will determine how long divorce mediation takes.
Your spouse cheated. He or she is leaving you for someone else. Perhaps you've argued for years and just finally had enough. Regardless of the reason, for the vast majority of cases, divorce is emotional. People are emotional. Deciding how your life will be after a divorce is emotional.
Unfortunately, making sound decisions while emotions are running high doesn't work. When we get emotional, we stop thinking rationally, which can lead us to do and say things that we will regret later. It's easy to blow up an important part of the settlement agreement by letting anger and frustration get the better of you. When emotions take over, we stop listening to the other person and focus on the feelings instead of the goals we have for the negotiation. Here are some divorce mediation tips to consider when emotions are running high.
So, how do you stay unemotional in a situation that is going to have such a big impact on your future? Use the...
While often considered the kinder approach to divorce compared to traditional litigation, the benefits of mediation go far beyond those simply looking for a "nicer" approach. The best kept secret of mediation is that it is actually the couples with more conflict who can see the greatest benefit from mediation.
Those who are experiencing higher degrees of conflict will see the highest litigation-related expenses. The litigation process itself often heightens conflict. You do not have to be on the same page with respect to your settlement in order to try mediation. In fact, mediation is designed specifically to help you get on the same page. You do, however, have to share a commitment to the process.
Here is a checklist to help you determine if mediation would be an appropriate process for settling the terms of your divorce. You and your spouse do not have to agree to everything on the list but if there are several items on the list that do not...
I strongly believe in the benefits of choosing mediation for your divorce but it's also important to understand the challenges and prepare for those. The decisions made in mediation can significantly impact your life for years to come. With that in mind, it can be easy to become overwhelmed during the session if you are not adequately prepared. Likewise, you can make agreements that may not be in your best interest if you are simply tired and worn out from the mediation. These simple mediation strategies can help you get what you want from your divorce settlement.
Spend some quiet time thinking about what you want and what you need. Write your thoughts down on paper and read it aloud. This process helps you organize your thoughts, identify your priorities and set realistic expectations. Take this paper with you to mediation. If you are...
The anger in the room was palpable. I was sitting at a round table with a husband and wife who had chosen to use mediation as a way to come to terms on their divorce agreement. According to the wife, the husband had been unfaithful several times throughout their marriage. According to the husband, the two had not been intimate for many years. Regardless of why the couple was now facing the end of their marriage, in order for negotiations in mediation to be productive, we needed to find ways to bridge the divide between them. It's not uncommon for years of disappointment and frustration to come to a head when couples are going through a divorce. Often, it's the reason that individuals think that they cannot mediate their divorce settlement.
A couple of weeks ago, I was fortunate enough to attend a continuing education program on this very topic. Dr. Daniel Shapiro of the Harvard International Negotiation Program presented...