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THE TOP THREE EMOTIONALLY CHARGED DIVORCE ISSUES AND HOW TO DIFFUSE THEM

In my years of experience as a lawyer and mediator, three divorce issues are repeatedly the most emotionally charged:

  • Property Settlement
  • Spousal Support
  • Child Custody
  • Generally the more emotion attached to any divorce decision, the harder it is to reach an agreement.

    When divorce issues are emotionally charged offers go back and forth between lawyers and clients and the cost of the divorce goes up with each letter and phone call. Each subsequent demand is seen as an escalation of the controversy, until finally the court must make the decision for the couple.

    Divorce doesn’t have to be this ugly. You do not have to leave the most important issues in your life up to a judge or have them talked about in court at your expense. No matter how far apart you and your spouse might be on divorce issues; there is a better and less expensive way to handle those issues and find a solution you can both live with. The answer is mediation.

    Mediation allows two people, who are sometimes miles apart on an issue, to come together in a neutral setting with the mediator assisting the parties to reach their own decision. The mediator acts as a neutral to bring about a win-win situation.

    So if any or all of the three most emotionally charged divorce issues are something you are up against, read my mediation FAQ’s and learn how to save money, time and general angst. Divorce doesn’t have to be an ugly battle played out in the courtroom.

    Mediation: The Wave of the Future
    By Marti Gacioch

    Real estate can be a volatile business, The market often changes as quickly as people's circumstances, and sometimes those changes create a conflict between a buyer and a seller. Fortunately a lawsuit isn't the only solution. Del Mar Attorney, Jane Schooler: 'Mediate don't litigate" she suggests. Mediation is less expensive, less time consuming and far less stressful that litigation."

    "Mediation is the wave of the future," she said."There will always be lawsuits, but people are finding they can often settle their differences more easily by having a mediator facilitate negotiation."

    What are some of those differences? Everyone has heard of buyer's remorse, but in today's real estate market seller's remorse is also quite common. The market is changing rapidly and homes are selling so fast that a seller who seemed completely satisfied with a home sale one day may want to back out of a contract when a back-up buyer makes a bigger offer. The buyer could bring a lawsuit against the seller to enforce the contract, but such an action is quite costly, and it may take over a year to settle. In the meantime, both parties are consumed with lengthy frustrating litigation.

    " My role is to help people avoid such lawsuits," Schooler said. Schooler cites a typical case involving buyers with a poor credit history. Who could only qualify for loans with high interest rates. After a title search of their chosen home revealed a seven-foot encroachment of a swimming pool on a utility easement, the buyers wanted to scrap the deal and regain their deposit. The sellers, on the other hand, wanted to complete the deal. ""In a case like this both parties have something to lose, so mediation can provide a good solution".

    Mediation is a straightforward process. After the mediator makes an opening statement, each party states his/her case. Then the mediator suggests issues and generates options designed to bring about a resolution. The aforementioned case may only take three or four hours to settle.

    Questions or comments - please e-mail Jane Schooler | Corrections - please email the webmaster.
    Disclaimer-The information listed on this website is for informational purposes only and is not meant to replace the advice of your chosen legal professional, or as a substitute for an in-office consultation.