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Mediation Mediator
Mediation is a voluntary and confidential process in which a neutral third-party facilitator (the mediator) helps people discuss difficult issues and negotiate an agreement. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome. A mediator may or may not be a lawyer.
Question: whats a mediation or mediator and does dat mean im guna get a divorce? does dis mean im getting a divorce if im guna get served with papers that i have to go to a mediator with my wife who moved out two weeks ago
Answer: In most states, the law requires two people to go to court and get an order signed by a judge before they are considered to be divorced. The law forces them into the position where one is the "Plaintiff" (brings the action for divorce) and the other is the "Defendant" (can defend, or not defend). Also, most states have a no-fault divorce based on separation for a certain amount of time. The particulars of each state's law are different, and so you should not take this as legal advice! It's my opinion that you need a lawyer to help you sort out what to do next.
The first big question is, do you want a divorce? Do you hope to go to some sort of counseling or try to talk your wife into reconciling again? Before you answer that question, answer for yourself honestly the question, "Why did she move out?" Figure out what you did to contribute to that, and decide whether you are willing to change it or not. It may be that she will be entitled to a divorce no matter what you want.
If you have been "served with papers," by all means you should READ THEM! Most likely, you have been sued for divorce. Most likely, the mediation has been scheduled so that a neutral party (the mediator) can guide you and your wife in a discussion and to reach agreement on issues related to dissolving the marriage. Some of the issues which may be involved would include dividing up assets, dividing up debt, alimony, child support, tax consequences, and even who is the beneficiary on your life insurance policies! If you agree on all these, the mediator will write up an agreement for you. If you don't, the mediator will attempt to help you reach agreement.
Divorce is complicated and has long term legal consequences. Do you see that you need to get this figured out and get an attorney? Because let me tell you, you at least need to consult with an attorney. Most people who go to mediation in divorce either know what they are doing (they would have read the paper already and know what mediation is) or they get an attorney to go with them to the mediation.
The mediator's job is to be neutral and to facilitate a meeting designed to help you reach agreement. He may or may not be an attorney, but is guaranteed to be an expert in communication and in conflict resolution. The mediator is a bit like a referee.
Mediation is always voluntary and it is not up to the mediator to decide anything. If you don't agree at mediation, that is when you have to go put it into the hands of a judge by going to court. If you can agree at mediation, you save time, expense, and fussiness. You reach an agreement that you both agree to, then your mediator or attorney drafts it, and all you have to do is ask the judge to sign it to make it into your divorce decree. (You will probably need an attorney for that last part.) If you don't reach an agreement at mediation is when you end up having to go to court. It's really too bad if it goes that far, because mediation costs a fraction of litigation and also (in general) leaves people a lot happier overall.
Good luck!
Question: Does reconciled to God require any mediation or any mediator? Does reconciling the world law impute sin in 2Corinthians 5:19?
Is reconciling the world unto that God done in Jesus or in Christ?
Why the mention of "that God", concerning reconciliation?
Could it have something to do with that God is light only?
2Corinthians 5
Be ye reconciled (through Jesus-->Christ)-->to God
Answer: We need Jesus Christ, my friend..............He IS the mediator...........
God Bless....................
Question: Does reconciled require any mediation(mediator) or intercession(intercessor)? Why is reconciliation neither to Jesus nor to Christ, but to God?
Eg: be ye reconciled to God (2Corinthians 5)
Why is reconciling the world done in Christ, and not in Jesus?
Why does reconciling the world not law impute sin to confess?
Answer: The offended party is God. Those who have caused the offence are sinners. Now, God could just let bygones be bygones if sin was not offensive. But sin is horrendously offensive to the Holy God. He knew we could do nothing to effect reconciliation because our best efforts to please Him were still tainted with our sin. So what He did was to provide the legal means for ensuring our sins were duly punished - without us having to be punished. The beloved Son of God - the Word of God who had been with Him eternally - was sent into the world as Jesus to reconcile us to God through the cross. The cross became the offence and death was the punishment, which Jesus willingly bore in order to reconcile us to His Father. Because Jesus had committed no sin and death could not hold Him, He was resurrected and is now sharing the same throne as His Father. All those who put faith in what Jesus did are reconciled to God.
That is why verse 18 says "All this is from God, who reconciled us to himself through Christ and gave us the ministry of reconciliation; that God was reconciling the world to himself in Christ, not counting men's sins against them... God made him who had no sin to be sin for us, so that in him we might become the righteousness of God." Christ mediates between us and God. Christ is the third party, yet simulaneously is God Himself! Jesus is the man upon whom sin was imputed. As He became sin for us, He could not at that point reach God who forsook Him on the cross. Jesus fulfilled the law by keeping it perfectly, thus nailing it to the cross so that we need not be condemned by law.
By realising just how horrendous our sin is - that God and Christ had to go to such lengths to reconcile the world - we confess our sinfulness and need of pardon, through Christ our Mediator.
Question: Workplace mediation. If you were the mediator would you continue if you knew one person repeatedly lied? Know I'm up against a compulsive liar but have to be seen to be doing the right thing. Do I have to listen even if I have written proof of the lies?
Answer: As mediator, your task is to mediate not to judge. It might be different if you were an arbitrator.
One person's lie can be another person's different perspective so we have to tread carefully.
If you have sound evidence of lies by one party and if those lies are interfering with the mediation, then you might want to probe the statements you believe to be untrue but only as a means to progress the mediation. Right and wrong are not necessarily the issue. It's about reaching an agreed settlement.
If the lies persisted and I felt they were preventing effective mediation, then I might feel inclined to stand down as mediator, stating my reason in broad terms but without blaming either party as that might raise issues beyond the present mediation, might prejudice any future attempt at mediation and falls outside my rôle as mediator.
Question: God is one, and a mediator (mediation) is not of one (God): Galatians 3:20 (written unto bewitched churches)? Galatians 1:
unto the churches
Galatians 3
who bewitched you?
Answer: The Moral Law(Ten Commandments) was given to Israel in trust for all mankind. It has never been abrogated but ia as unchangeable as its author, being based on our essential relationships to Him and our fellow men, and it is of perpetual and universal obligation(Matthew 5:17-20).
Exodus 20:8
"REMEMBER THE SABBATH(Saturday) DAY, TO KEEP IT HOLY."
Jesus observed the Sabbath day of his own people. It was his custom yo keep the Sabbath day Holy(Luke 4:16).
The Great Teacher never intimated that the Sabbath was a ceremonial ordinance or exclusive to the Jewish people. The Sabbath was given to all mankind.
It is evident that Christ did not change the Sabbath in the New Testament. Nor did he set the seventh-day of the week aside. Nowhere in the Bible is it stated that worship should be changed from Saturday to Sunday. The Bible declares that we should keep Holy the Sabbath Day.
Question: Mediation resulting in no agreement - Mediator report? If a mediation lands at an in-pass and no agreement between the parties is reached will the mediator still file a report with the court prior to a final hearing?
Thank you very much in advance
Wernaldo
Answer: The mediator usually files a report with his/her findings of fact, which the court will rely upon when making its decision.
Question: who should pick a mediator for mediation?
Answer: thought both sides had to agree............
Question: God is one. A mediator (mediation) is not of one (God). Galatians 3:20 (written unto bewitched churches)? Question posed "unto the churches"
in Galatians 3: Who bewitched you?
Are modern churches perhaps as bewitched as churches of Galatia?
Answer: ETERNAL and UNIVERSAL HOLY LAW of GOD"
Stands Forever
Galatians 4:22-24
"For it is written, that Abraham had two sons, the one by a bondmaid, the other by a freewoman. But he who was of the bondwoman was born after the flesh; but he of the freewoman was by promise. Which things are an allegory: for these are the two covenants; the one from the mount sinai, which gendereth to bondage, which is Agar."
Interpretation of the above passage:
Here Paul likens Isaac's birth to the new-covenant relationship, and Ishmael is compared to the old covenant. How do the covenants relate to these two sons of Abraham?
God told Abraham he would have a son by Sarah. Because Sarah was past age, Abraham did not believe it possible for the promise to be fulfilled. So, falling back on the old-covenant principle of trying to do it in human strength and devising, Abraham took a concubine, Hagar, to help things along. The son born of this arrangement was likened to the old-covenant idea of "we will do."
When Isaac was born of Sarah, it was a miracle of grace. God actually brought supernatural life into a dead womb so Isaac could be born. This represents the regenerating miracle of grace that makes OBEDIENCE possible under the NEW COVENANT. It does not depend on poor promises of man, but on the unfailing assurance of God. "I WILL PUT MY LAWS INTO THEIR MIND< AND WRITE THEM IN THEIR HEARTS: and I WILL BE TO THEM A GOD." Hebrews 8:10-12. Only by the indwelling miracle grace of God can the LAW be KEPT.
One fact appears in this ALLEGORY of the TWO COVENANTS.
The child of promise represents the new covenant because Abraham obeyed God and followed His instruction in begetting that miracle child. Those under the new covenant are those WHO OBEY GOD'S COMMANDMENTS. Ishmael represents DISOBEDIENCE to God's way. Commandment-breakers are the ones who are operating under the OLD COVENANT.
Keep the Law under Grace!
Romans 3:31
Romans 7:12
Exodus 20:8-11
James 2:10-12
Revelation 12:17
Revelation 22:13,14
John 14:15
1 John 2:4
1 John 5:3
Question: When reconciled unto God, in agreement, with God, is there any need for repentance, mediation, or mediator? 2Corinthians 5: "be ye reconciled unto God"
Perhaps "reconciled unto God" above both judgment-all-atonement & ran-some-redemption by good & better sacrifices, as "above a servant" is neither of two sorts of servants mentioned in Rom 6.
Mention of 99/100 not lost also mentions they need not repent;
but 1/100 seems to be lost,
and in need of repentance.
Enoch: not found = lost?
Answer: We must repent of our sin and unbelief. Then turn to God and accept His way for salvation. Jesus Christ becomes our mediator.
Question: Is any mediator or mediation still necessary once we are reconciled unto God? What does it mean to be reconciled unto His Grace?
Answer: No! You have direct access to the throne of God. That's not to say that you can't seek counseling or other help from those God has set in if you want. But, unlike some religions and even denominations I can think of, you do not have to seek God through a priest or anyone else. Just call on Him and He'll be there for you. Sweet!
Read Chapter 2 of Acts.
Question: why would my attorney ask for money for mediation? we filed a suit and it is going to mediation. there has been other costs involved (court filings and depos), so why is he asking me to pay for a portion of the mediator? the mediation was a mutual decision for both sides.
Answer: Because both sides need to pair their share of the mediation. It is not free.
Question: What is the role of a mediator in a mediation case? Do they just act like "telephone" and repeat info back/forth to the two sides or do they offer their own advice and resolution? My lawyer informed me the name of my mediator, he is a retired judge but seems to be soft on crime so I am concerned if he will favor the guy I'm suing or does he just act as someone who repeats info the other party is saying and passes info back/forth?
So they actually do recommend a course of action... I don't know if I should ask my lawyer to get a different one or I should just trust him...
Answer: A mediator is strictly neutral in all matters. He listens to both sides, makes notes, and after deliberation will offer a course of action. He will also in most cases be able to offer a legal opinion if required.
Question: How should I dress to go to a mediation? OK, so I'm pressing assault charges against this person and I have to go to a mediation in to weeks to meet with a mediator, the person, their guardian, and my mom. How should I dress?
I was thinking of a classic white button down, skinny-ish khakis, and some nice flats, but I don't know.
Answer: dress very, very conservatively. like what you would wear to your grandma's house.
looking professional is good because i think mediators are usually middle-aged people.
Question: How to write a letter to the other parent requesting we attend mediation? I need a mediator to help the other parent and I resolve specific issues, such as him denying my parenting time for no reason at all, he keeps my kids from talking to me and me contacting them, and he has not been following the parenting plan. So, I have to get him to come to mediation and I need to address this to him in writing so I need to put a appropriate and professional letter together to suggest mediation and for him to sign and check mark which day works best for him and to send it back to me & the mediator. Any suggestions?
Answer: Just ask and emphasize the importance of it.
Question: In mediation, other party gives mediator false information.mediator becomes arbitrator. what are pros/cons?
Answer: Mediators are not arbitrators. In fact, the codes of ethics for almost every mediation school prohibit the mediator from also being an arbiter in the same case.
Mediators don't make decisions. They are referees and guides to help the parties make the decisions and reach a settlement. If one party is providing false information, they are in effect only providing that information to the other party. The mediator does not evaluate the evidence, and does not make decisions.
If the mediator is acting as an arbiter, and the rules actually allow this (very rare), then the situation would be treated as an arbitration. And an arbiter has an obligation to ensure that the evidence being presented is truthful and accurate.
Question: Can my husbands ex-wife have us pay her legal fees, if we do not agree to the mediation agreement? My husband just completed child custody mediation because his ex-wife is brainwashing his two boys Eric 7 (autism spectrum disorder) and Kyle age 3. Basically, the mediator went off of who was the better story teller. The mediation recommendations are ridiculous, won't even go there. Now HER attorney is threatening us that if we do not sign the mediation recommendations that she will take us to court and have us pay his Ex's legal fees. Can she do that?
Answer: You really need to consult a lawyer at this point, or even Legal Aid Society, who will be able to assist you for almost nothing or for free. Check you local area Bar Association website or Legal Aid website to see when they are running free consultation clinics in your area.
I'm a first year law student, and this sort of question really might depend on the jurisdiction you are in, what the specific law is in your state, etc. You really need to consult with an attorney at this point, and they are the only person that will be able to answer your question.
Question: has anyone had child custody mediation and the other parent was awarded temporary sole custody? i have this issue just recieved my copy of mediation report for child custody. The mediator awarded the father of our 13 yr son temporary sole custody until our next court date. So i hired an attorney can she convince the judge that our children are better off with me.(mother) also the report said we have joint of our daughter who is 8yrs. Has this happend to anyone where it went a different way with the mediator then a different way with the judge?
Answer: Has anyone bothered to raise the issue that your ex is an "ex-con"? I would have thought that would be an issue for custody. And yes, you need a lawyer. Never ever ever go to court without a lawyer. You need someone to protect your rights and make sure that no one pulls a fast one on you!
You may also have to hire a private detective to check up on your ex. Bad character will not look good for his chances of custody. And can you prove that your son's school work has gotten worse under your ex's supervision? That is also a no-no!
Get that lawyer and get working on it! By the way, did you agree with mediation? I think that is always a mistake. Anyway, get that lawyer.
Question: What will happen if other parent doesnt show up for mediation? On 26 Sep 2008 I went to mediation hoping the father of my child would be there. I waited for him to show up for an hour and the mediator told me to goahead and go home and that he would note in the file that i was there and other parent failed to show up. what will happen on the court date its on 10 Oct 2008?
Answer: more than likely you will be given custody.
Question: Court ordered mediation for child custody dispute, what if other party refuses to attend? If two parents are required to attend mediation as a step in a child custody lawsuit, what happens if one parent simply refuses to attend? Refuses to return mediator phone calls, refuses to schedule, refuses to communicate at all?
Answer: That person most likely will lose.
Question: Does anyone know about the mediation process? My daughter & her lawyer are going to mediation today to try & settle her lawsuit. How is the mediator chosen? And what type of person is a mediator? Is he a lawyer or ex judge?
Thanks
Answer: I can't speak for other states, but in NC, a mediator is chosen by the attorneys in the case. A mediator can be an ex-judge or an attorney. The mediator will be objective as possible to help settle the case so it doesn't end up in Court.
Hope everything gets settled!
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