Mediation

Question: Mediation?!? I was ordered to mediation with my ex-husband on may 29th, everything went smoothly and he agreed to everything i wanted. he had 10 days to email me with a schedule of visits for my child, and has failed to do so. So NOW WHAT!? we were explained that the mediation is a legal binding contract and if not adhered to would be null and void.... he didn't have to agree to anything so i don't understand why he wouldnt just say he disagrees and we would fight it out in court. So what the heck; that can't possibly help him get everyother weekend unsupervised if hes going back on his word before he even sees her! Anyone know the legalities of broken mediation contracts?! it was signed by both my ex-husband and i and was explained that it is a legal binding contract and that a copy will go to the judge that ordered the mediation. and there is no agreeing amicalby; he wants what he wants after not havin sh*t to do with her the last 6 years so no... he's not getting that; (unsupervised) i asked for a 90 day reintroduction with social worker supervision and then 90 days supervised by his mother... is that so difficult? she's 6 years old and i refuse to leave her with someone for the weekend that she has no idea who he is. just because he's "dad" i might as well drop her off 3 doors down and tell her she has to stay there the weekend cuz his names "jim" either way its' the same in her 6 year old mind. the new visitation schedule was written up and signed by both my ex-husband and I. It was detailed as to how the visitations were going to go... and he agreed and signed everything.... so......wth!

Answer: File a motion with the Court stating the facts you just told us and it would be a "Contempt to fail to follow through with conditions of mediation regarding visitation schedule with minor children." Even if it wasn't signed this will force the Court to schedule a hearing on it and then you can have the judge compel him to sign the agreement at the hearing so he can't keep disappearing!!!! Call a lawyer if need be. Hope I helped.

Question: What happens during the mediation process of an auto injury claim? Auto accident. Injuries and filed suit. Depositions. Now an appointment for mediation prior to trial date. What happens during this process?

Answer: Both sides agree on a mediator. Then they meet - starts in the same room. Each side says a little about their case. Then they are separated. The mediator goes from one room to the other between the two parties. The mediator is trying to point out the weakness in each side's case and get them to agree on a settlement figure. Each side pays their own cost and 1/2 of the mediator. Usually the mediator is another attorney or retired judge. It's not uncommon for an attorney who has had a long and distinguished career to retire and just act as a mediator.

Question: What are some good ways to conduct a group mediation? I have a group working under me that is not getting along at all. They have been having issues building up for a year or so and now we are holding a mediation session to resolve these issues. Does anyone have any suggestions on an effective way for everyone to get their thoughts heard without pointing fingers? I want this to be productive and for the people in the mediation to not walk out upset or defeated.

Answer: You have to keep everyone calm. Find out what it is that makes the people upset towards each other and fix it. If this does not work take your conflicting groups and separate them into two separate teams.

Question: What can you tell me about mediation as a career? A certification course is available to me. What is the pay for professional certified mediators? Are they self-employed or, if not, who employs them? Is it easier to find employment in large cities, or are jobs available in rural / small town areas? What is the difference between mediation and conflict resolution? I plan to work in Texas.

Answer: Mediation is a type of conflict resolution (also called alternative dispute resolution). In California, most mediators started their careers as attorneys. A lot of them were also judges. I don't think certification matters as much as experience. You may have to volunteer to do a few mediations (for free) to get experience if you want to mediate in the legal field. If you mean family law mediation, that may be different. It depends on the type of mediation you want to do.

Question: What are the negative impacts of adult interference for peer mediation? I am doing an assignment for a class about peer mediation. I am having a hard time trying to answer the question. It asks, "What are the negative impact of adult interference in peer mediation?" So far I have answered: -teacher interrupts the conversations between the mediators and students who are involved with the problem -teacher may not let the students solve their own problem. Does anyone else have any ideas that could help me? Thanks

Answer: One thing is that a student might not be comfortable sharing information with a teacher, but is with a fellow classmate or friend. If he or she doesn't open up completely, he or she may not be able to be helped as much. Also, the teacher may think lower of the student or treat him or her differently after learning about a situation. It is not fair for a student to be treated badly because of a problem in his or her life. Finally, a student may have a problem with that teacher or another teacher, and would not want the teacher to know for fear of the teacher finding out. - Anonymous

Question: Is meditation a simple form of relaxation and to take away stress? What exactly is mediation? I read so many things about mediation and I'm not sure what EXACTLY it consist of. I understand the stress free relaxation mediation, but not the spiritual mediation?

Answer: Meditation is the path to enlightenment.  One begins by choosing a meditation technique, which helps one to become more aware of one's thoughts, feelings, and physical sensations.  Over time, one's awareness grows, and one becomes conscious of deeper and deeper levels of one's being.  Finally, the dew drop of the individual "I" drops into the ocean of cosmic consciousness, and enlightenment is attained.

Question: Is mediation an important part of a lawsuit? In an upcoming lawsuit, we're just wondering if mediation is an important part of if it's some minior formality?

Answer: Mediation is not ever part of any lawsuit. It's an ALTERNATIVE to suit.

Question: How should I dress for a legal mediation? I will be participating in a legal mediation with an injured family member. The plaintiffs, a private transport company, and another injured plaintiff will be meeting to mediate a settlement. Our attorney has described the community as "conservative" both in lifestyles and judgements. Between you and I, we'd prefer not to go to court. Jacket and tie? Or, suit and tie?

Answer: I would run with "business casual". Appear well dressed and respectful, but no need to go the suit and tie point. After all you are not the attorney.

Question: What can I do to prepare for mediation process in a divorce case? I'm new to this. Going through a divorce. My lawer said I will go through mediation hearing where a counselor tries to work something out between me and my wife. No lawyers allowed to be participate. What is the process like and is it something you can prepare for it?

Answer: You should compare a mediator to an investment. Realize that by agreeing on terms, you can even file an uncontested divorce which equals out to even greater savings, and even the ability to wrap up your divorce much faster than if you had numerous court dates and motions slowing everything down.

Question: What will I want to say at mediation to be successful for me? I am going through a divorce and must go to mediation with the soon to be ex husband. Dont really know what to expect!

Answer: I've been through this. Mainly focus on your child/ren. Tell them your only concern is the children. Do NOT make him look like a bad guy in front of the mediator. Maintain your cool, even if your ex lies about you.

Question: What is your opinion of treating children who have trouble focusing in school with mediation? What is your opinion of treating children who have trouble focusing in school with mediation? What are some issues to consider when treating a child with ADHD? What are some treatment options?

Answer: real wide subject.....sometimes it just takes that one person to help them.....there are times I think too many fingers in the pot are wrong.....it takes a real person not one looking for a paycheck ....too many do gooders no real help......options. A strong person that they trust not a bunch of rules from a ton from different people

Question: What to expect in appointed court mediation? What can you expect in a mediation court in Florida? I am also wondering, if you filed papers with the court for example checks, when you go to the mediation will they give you the checks? or should you call beforehand to have the checks ready for when you get there? This is about a condo associations suing my mother for unpaid maintenance fees (she did pay, i filed all the checks with the court). Also, i am going to go with her, should i let the court know before hand? she speaks English, but she doesn't understand everything.

Answer: You should be prepared to show the mediator whatever you believe will support your case. If you do not have copies of the checks that were filed with the court, you will need to go to the courthouse and get copies of them before the mediation. The mediator is not a decision maker but rather a neutral third party that works to break through communication barriers that occur when the parties speak directly to each other.

Question: Is it illegal to put someone house into foreclosure after mediation was not worked out? The house was on hold for 90 days because of the mediation but after the 90 days I did not get a workable solution. Just wondering if that's legal?

Answer: Whether it's legal has nothing to do with the outcome of the mediation. It is determined by the loan documents and your state's laws. You should speak with someone at legal aid, or hire an attorney if you can afford it, to advise you on whether you have a basis to get a temporary restraining order to stop or delay the sale.

Question: Can the defendant postpone a custody mediation? I live in Lehigh County, Pennsylvania. My ex and I are divorced and I filed for custody. We have a mediation session scheduled and he says that he cannot get off of work. When I refused to reschedule it, he told me that he would call the courthouse and get is postponed himself. Is that even possible?

Answer: Anyone can ask for a postponement. You need to stay on top of the setting.

Question: Is mediation the best thing do to for child custody? When it comes to child custody is mediation the better thing to do to get custody? And if not, what would be a better way?

Answer: It would be better for you to remain together, or to consider Bird Nest Custody. http://ch09g-child_custody-bird_nest.dad… Mediation is better than padding the pockets of two lawyers. http://ch08a-mediation_4_family_court_ca… \\\\\\\\\\\\\\\\\

Question: what is mediation in a charge filed with the eeoc? should i agree to mediation or not? what does it mean to have my charge mediated?

Answer: A mediator is an independent person who does not have an interest in the outcome, and does not represent either party. They listen to both sides, and assists you both by attempting to reach an agreement. Mediation is not binding, and does not prevent you from continuing with your complaint.

Question: What happens if you can't make it to custody mediation and court date? We filed for a custody modification for my step daughter. We have really good reasons for asking. After we got a date for mediation and a court date, my husband was informed that he has a mandatory 6 week training at work and will not be able to attend on those dates. His ex is extremely unreasonable and will not agree to a continuance. What are his options? The mediation and court hearing are through Los Angeles Superior Court.

Answer: Well, if you don't show up in court the other side wins. HOWEVER, you do NOT need the other sides approval for a continuance, just have your lawyer submit the paper work from his work stating that for this time period if he takes off work that day he will loose his job. The clerk should approve the continuance without even consulting the mom.

Question: How long did it take to get trial modification Documents after foreclosure mediation? Bank of america? Just completed foreclosure mediation with BoA. Was granted a trial Modification for three months. They are supposed to be sending a packet with all the documents and instructions. Since we are in foreclosure because of their dishonesty on a previous modification I am worried sick about not get the documents. Can anyone tell me how long it took to recieve your docs from BoA after mediation? Thanks

Answer: you need to call and follow up with them at least 2x a week. It could take anywhere 1month to 6 months until they actually give you the trial modification documents. What happened to the previous modification-they had a legal binding agreement may warrant an attorney. www.loansafe.org-- is a free online community that is great for this type of thing-check it out.

Question: How long from when i charge a company with the EEOC will we go to mediation? I do understand that the company has to agree to mediation. But if they do agree how soon dose it take. Is it months weeks or days? How often are they settled in monetary amounts?

Answer: I just dealt with the EEOC. You have up too 180 days before they can release the final report b4 they issue your "Right to Suit Letter." Normally it takes between 60-90 days to know if your doing mediation. Your past employer will drag out this process so be prepared to play the waiting game.

Question: What will happen during mediation with a former employer whom i have sexual harassment charges filed against? My case was filed with EEOC. they turned it over to DORA in colorado because of the number of employees. i now have a mediation telephone call the end of Sept. what is going to happen? Has anyone else been Through anything of this nature?

Answer: The phone conference will not be heated, they have a hold button for individual parties. (anger solves nothing, if he gets angry, it may cost him his job) Just tell the truth. He'll tell his side, you'll tell your side, unless someone interrupts, (they will be told to wait their turn) it will be just a fact finding conference. Both parties will hear each others testimony. Quite often the truth is easy to see. However, It IS a "mediation" which means they will try to find a way you can work together, and avoid law suits. Good luck.