Tag Archives: mediation

Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences

Mediation Explanation

01/30/2017 BowTieLawyer Leave a comment

Mediation is a process to help bring your pending litigation (or potential litigation) to a conclusion short of Court.

Mediation is a collaborative effort involving the parties, their attorneys and a hired, third-party neutral, the mediator. In family law cases, it is usually a retired chancellor or a private attorney, who has spent some significant portion of their career handling family law cases.

Mediation is an opportunity for you to have your say, be advised as to the strengths and/or weaknesses of your case, and find the common ground so that you may settle your case.

Mediation is really a guided settlement. If done right (and successfully), at the conclusion of the mediation you leave with a signed settlement and all of the needed documents that can be presented to the Judge to make it final.

Mediation is not an Arbitration. Arbitration has a person(s) that is making the final decision, not the parties. Arbitration is quasi-court.

Mediation is non-binding. Either you reach a deal or you do not. At the end of the day you must agree to get a result.

Mediation is not admissible in Court, if not settled. Settlement positions cannot be discussed with the Court to show what someone would have done for settlement purposes.

Mediation may be right for you. It is quicker than trial, cheaper than trial, you have say in the outcome and is effective 9 out of 10 times.

Matthew Thompson is a family law attorney that mediates a significant number of cases and advises his clients as to the pros and cons of a mediation.

Divorce

Welcome to Divorce Hotel

02/11/2015 BowTieLawyer 1 Comment

Amicable, Collaborative divorces are all the rage. At least as much as something in the divorce world can be “all the rage…”

http://nypost.com/2015/02/10/i-checked-into-the-divorce-hotel-to-check-out-of-my-marriage/

Well, now you can have the spa treatment, champagne & strawberries, a mint on your pillow and a Divorce!

DivorceHotel, a UK based divorce corporation, has a package for the couples who can agree to part ways and agree on most everything else. DH provides a mediator, financial planner, 2 rooms (though one is an option) and all the tools necessary to finalize a split if wedded bliss just is not working out.

All of this, by the way, for the low, low fee of about $5,000.00… depending on the season, of course.

Is this right for you? Probably not, but there are certainly worse ways to divorce. If you can agree on everything, want a memorable divorce experience and those memories be as pleasant as possible this may be an option for you.

Matthew Thompson is a Divorce Attorney in Mississippi and recommends that if it’s time to Check-Out of your Marriage, you may consider Checking-In to the Divorce Hotel…or maybe the DivorceMotel6.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Collaborative or Amicable Divorces. (601) 850-8000 or Matthew@bowtielawyer.ms.

Child Custody, Divorce, General Legal, Irreconcilable differences, Opinion

Why Settling your case is BEST!

05/18/2013 BowTieLawyer 6 Comments

“I want a bulldog!”

“I want to take him to the cleaners!”

“It’s the principle!”

Oftentimes I am asked the difference between settling a case and litigating a case to a conclusion. In my experience, more often than not, settling your case leads to a better result. Here’s why.

It eliminates the uncertainty of a Court ruling. You know what you get.
It usually results in a quicker end.
It can save money.
Settlement gives your more control and “say” in the final outcome.
Settling your case allows the matter to end on a “positive” note, perhaps more amicable than otherwise.

Cases can be settled through a variety of ways, through negotiation or mediation, either through the parties, through the attorneys or a combination of both.

These are just some of the reasons why settling your case may be best. However, there are also those cases that cannot be settled. Typically, hotly contested custody cases cannot be settled because both parties genuinely believe that they have to fight for what they think is best. And sometimes the other party is just a big jerk that makes everything a fight!

Know this;

People don’t get taken to the cleaners (unless they agree).
Suing on principle is unsatisfying and expensive.
Bulldog lawyers seldom make a difference in the outcome, they only alter how you get there.

Matthew Thompson is a family law attorney in Mississippi and can attest that big jerks can try to fight, but usually get what they deserve…

Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences, Marriage

Mediating Family Law; Resolving Your Case on Your Terms or Not.

02/25/2013 BowTieLawyer 1 Comment

I will be mediating a family law case, or rather agreeing to mediate a divorce, custody and property division case in the near future. Mediation is a process whereby the parties agree to meet and attempt to resolve all issues prior to going to trial or without having to go to trial.

In a mediation the parties agree to hiring a third-party, typically another attorney or retired judge, to “hear” their case. Now the mediator is NOT the main authority. In fact, the mediator cannot compel either of the parties to do or agree to anything. The mediator’s role is to point out the strengths and weaknesses of each sides case and to try to find common ground. Sometimes the mediation is based on reason and logic and sometimes it is based on emotion or just some number someone is trying to reach. Almost anything can be mediated, though a rule of thumb is to not mediate when not prepared factually, legally (research wise), or with an abuser.

Pros: