Divorce without court A guide to mediation and collaborative divorce
Book - 2006
Saved in:
- Subjects
- Genres
- Law for laypersons
- Published
-
Berkeley, Calif. :
Nolo
2006-
- Language
- English
- Physical Description
- volumes : forms ; 23 cm
- Bibliography
- Includes index.
- ISBN
- 9781413331585
- Introduction
- Divorce Without Court: Your Best Option
- What Exactly Are Mediation and Collaboration?
- Why Mediate or Collaborate? Consider the Alternative
- Divorce Decision Spectrum
- Mediation or Collaboration: Still a Better Option for Divorcing LGBTQA Couples
- You've Decided to Mediate or Collaborate: When Do You Start?
- Divorce Law in Your State: How to Get Accurate Information
- Getting the Most Out of This Book
- 1. The Role of Mediation and Collaborative Law in the Divorce Process
- Virtual Divorce Is Here to Stay
- The Four Divorces
- Keeping It Simple: The Uncontested Divorce
- Beyond the Basics: The Contested Divorce
- Long-Term Effects of a Contested Legal Divorce
- Mediation and Collaboration: A Different Way to Divorce
- 2. What Happens in Mediation?
- An Overview of Mediation
- Introductory Stage
- Information-Gathering Stage
- Framing Stage
- Negotiating Stage
- Concluding Stage
- Assessing the Cost of Robert and Fran's Mediation
- 3. What Happens in a Collaborative Divorce?
- An Overview of Collaborative Divorce
- Introductory Stage
- Information-Gathering Stage
- Framing Stage
- Negotiating Stage
- Concluding Stage
- Assessing the Cost of Cole and Traci's Collaborative Divorce
- Traci and Cole's Collaborative Divorce Agreement
- 4. Deciding to Mediate or Collaborate
- Is Mediation or Collaboration Right for You?
- It Takes Agreement of Both Spouses
- Comparing Mediation and Collaborative Divorce
- Making Your Choice Between Mediation and Collaboration
- 5. Proposing Mediation or Collaboration to Your Spouse
- When to Propose Mediation or Collaborative Divorce
- Who Should Propose Mediation or Collaboration?
- How to Propose Mediation or Collaborative Divorce
- Dos and Don'ts of Proposing Mediation or Collaboration
- Sample Letter Proposing Mediation
- Sample Letter Proposing Collaborative Divorce
- 6. Finding a Mediator
- Do You Need a Local Mediator or Can You Mediate Remotely?
- Finding the Right Mediator
- Qualified Mediators: What to Look For
- Finding the Right Fit
- Who Provides Mediation Services?
- Screening and Interviewing Potential Mediators
- Interviewing and Selecting a Mediator
- 7. Finding a Collaborative Attorney
- Finding the Right Collaborative Attorney
- Qualified Attorneys: What to Look For
- Finding the Right Fit
- Screening and Interviewing Potential Lawyers
- Interviewing and Selecting a Collaborative Lawyer
- 8. Using Advisers and Doing Legal Research
- How and When to Use Advisers in Mediation or Collaboration
- The Role of Family and Friends in Your Divorce
- Legal Adviser (For Advice During Mediation)
- Counselor
- Financial Adviser
- Specialized Advisers
- Coordinating Your Advisers
- Finding Answers to Legal Questions: Legal Research Online and Off
- 9. Getting Started on Information Gathering
- Step 1. Remember Vital Statistics
- Step 2. Assess Your Children's Needs
- Step 3. Locate and Scan or Copy Important Documents
- Step 4. Inventory Your Assets and Debts
- Step 5. Summarize Your Income and Make a Budget
- Step 6. Pause to Reflect
- 10. Preparing for and Making the Most of the First Session
- Getting Ready
- Mediator Approaches and Styles
- Mediator Neutrality and Bias
- Confidentiality of the Mediation
- Agreement to Mediate
- Take Time to Make Notes
- 11. Evaluating Your Progress in Mediation or Collaborative Divorce
- Evaluating the Decision to Mediate
- Evaluating the Decision to Use Collaborative Divorce
- Monitoring Your Progress in Mediation or Collaboration
- 12. Communicating in Mediation or Collaborative Divorce
- What Is Communication?
- What Can Go Wrong in Communications?
- Tips for Good Communication
- Tips for Communicating About Problems
- Handling Strong Emotions in Communication
- 13. Negotiating in Mediation or Collaborative Divorce
- We Negotiate All the Time
- What Makes for a Successful Negotiation?
- Prepare for the Negotiation
- Negotiate Clearly, Firmly, and Respectfully
- 14. Court-Sponsored Mediation
- Types of Court-Sponsored Mediation Programs
- How Court-Sponsored Mediation Works
- Voluntary Mediation: To Try or Not?
- Mandatory Mediation: Opting Out
- If You Can't Opt Out of Mandatory Mediation
- Preparing for Court-Sponsored Mediation
- Attending the Mediation Session
- After the Mediation Session
- 15. Encountering Difficulties in Mediation and Collaboration
- Four-Step Approach to Dealing With Difficulties
- Discrepancies Between the Advice or Timetable in This Book and Your Experience
- Delays and Disconnects
- Tantrums and Other "Bad" Behavior
- Extreme Discomfort in Mediation
- Impasse: Negotiation Hits a Brick Wall
- Last-Minute Changes and Demands
- Dealing With Persistent Problems
- Leaving Mediation or Collaboration Without Burning Your Bridges
- Where There's a Will, There's a Way
- 16. Writing Up the Divorce Agreement
- Interim or Temporary Agreements
- Partial Agreements
- Why Put Interim and Partial Agreements in Writing?
- Writing Up the Final Divorce Agreement and Finalizing Your Divorce
- 17. Women and Men in Mediation and Collaborative Divorce
- Common Gender-Related Obstacles
- Historical Background
- Gender and Mandatory Mediation
- Gender and Voluntary Mediation
- 18. Unmarried Couples in Mediation and Collaboration
- Untying the Nonmarital Knot: Opportunities and Pitfalls
- Successful Mediation or Collaborative Separation
- 19. Mediation and Collaboration After Divorce
- Dealing With Changes in the Divorce Agreement
- If You Decide to Mediate
- If You Decide to Collaborate
- Negotiating New Relationship Issues
- Appendix
- How to Use the Downloadable Forms on the Nolo Website
- Editing RTFs
- List of Forms Available on the Nolo Website
- Additional Notes on Editing the Downloadable Forms in Divorce Without Court
- Index