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Civility Pays: Divorce Mediation Strategies for Attorneys Training Class
Course ID: 21535
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Civility Pays: Divorce Mediation Strategies for Attorneys Training Seminar
Gain Actionable Strategies for Minimizing Conflict Inherent in Divorce
The sheer volume of divorce cases has forced family courts throughout the country to look beyond litigation for alternative resolution tools. This engaging program details two of the most prevalent options for a cooperative proceeding: mediation and collaborative law. It is designed for any family law attorney interested in speeding up case lead-times and limiting expensive, contentious litigation. Discover how these two rapidly growing approaches to divorce fit into the traditional legal process, and gain tips and techniques for making them a profitable part of your practice. Register today!
- Educate clients on their options by understanding the different ways to dissolve a marriage.
- Learn how to determine when mediation is not the best route to successful case resolution.
- Discover what different mediation approaches can do for you - and select the most effective one for your next case.
- Find out how parenting coordinators can help achieve the best custody arrangement for children and parents.
- Explore record-keeping and documenting practices that'll make the inclusion of mediation into divorce seamless and efficient.
- Utilize experts to ensure all assets are on deck at the time of negotiations.
- Reach a suitable child custody agreement by understanding the pros and cons of shared parenting.
- Explore mediation techniques that will help prevent costly litigation and get the settlement your client deserves.
- Keep your client from sabotaging his or her case: learn how to prevent harmful combative communication between spouses.
- Don't waste time obtaining and compiling unnecessary facts and documents - find out what information will help mediators.
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Agenda |
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- TO MEDIATE OR NOT TO MEDIATE?
9:00 - 10:15, Catherine Ann Monzingo
- ADR Options in Divorce
- Pros and Cons of Mediation
- Case Evaluation (When is Mediation a Viable Option? Court-Appointed or Voluntary? Court-Provided or Private? At Which Stage of the Case? When is Mediation Not a Wise Option? Mediating the Entire Case or Just a Specific Aspect?)
- When Should Mediation Be Terminated?
- Major Stages of the Process
- Mediation Styles and Approaches (Evaluative vs. Transformational vs. Facilitative)
- PREPARING FOR MEDIATION
10:30 - 12:00, Catherine Ann Monzingo
- Identifying the Issues and Fact-Finding
- Financial (Including: Child Support, Alimony, and Equitable Distribution of Assets and Debts)
- Custody and Visitation
- Child Protection Mediation
- Medical and Educational Issues
- Getting a Clear Picture/Timeline of the Relationship From the Client
- Preparing the Client for Mediation - Red Flags to Look Out For
- Ensuring All Assets are Accounted For
- Making Your Proposal as Specific as Possible
- Choosing a Mediator
- Gauge Your Needs by What You Already Know of the Dynamic Between Case Parties
- Research the Mediation Services Available (Has Professional Liability Insurance That Covers Mediation? Certified? By What Organization? Lawyer? Mental Health Background? Tax and Financial Expertise? Knows How to Frame and Discuss Spousal Support Issues?)
- Qualifying a Mediator - Phone Interviews
- HOW DOES MEDIATION FIT INTO THE LEGAL DIVORCE PROCEEDING?
1:00 - 2:15, Eileen M. O'Brien
- The Role of Law
- Informed Consent in Mediation
- Representing the Client in Mediation
- Additional Rules that Apply to Lawyers Acting as Mediators
- Confidentiality (Including: Evidentiary Exclusionary Rules, Privilege, Contract, Protective Orders, Court Mediation Program Rules)
- Enforceability of Agreements to Mediate and Final Mediation Agreements
- Mediator Liability
- Unauthorized Practice of Law Restrictions
- Documenting the Process and Notifying the Court of the Findings
- ETHICAL CONCERNS
2:15 - 3:15, Eileen M. O'Brien
- Maintaining the Integrity of Mediation
- Ethical Concerns for the Lawyer-Mediator
- Conflict of Interest
- Advertising
- COLLABORATIVE DIVORCE
3:30 - 4:30, Elizabeth A. Hill
- What is Collaborative Law?
- Initial Agreement Not to Litigate
- Identifying Immediate Needs of the Family
- Choosing Team Members (Including: Divorce Coaches, Child Specialists, Financial Advisors or Life Coaches, Communication Coaches, Licensed Therapists, etc.)
- Cost Considerations
- Attorney's Role (Including: Facilitating the Process by Educating and Counseling Client, Managing Conflict, Guiding Interest-Based Negotiations, Assisting the Parties in Implementing Agreements)
- Collaborative Process Step-by-Step
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Audience |
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This intermediate level seminar explores more peaceful alternatives to divorce litigation for:
- Attorneys
- Paralegals
- Family Mediators
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Civility Pays: Divorce Mediation Strategies for Attorneys Training Course Dates and Locations
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Course ID: 21535
| Course Duration: 1 Day
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