Family Disputes - Mediation Archives - Baltimore Mediation https://www.baltimoremediation.com/category/family-disputes/family-disputes-mediation/ Mediation | Facilitation | Training Thu, 21 Nov 2019 07:53:49 +0000 en-US hourly 1 227460175 3 Tips to Prepare You For a Divorce Mediation https://www.baltimoremediation.com/3-tips-prepare-divorce-mediation/ Thu, 31 May 2018 17:25:07 +0000 https://www.baltimoremediation.com/?p=3834 Divorce doesn’t always have to be contentious, and it certainly doesn’t have to end up in a court battle. Granted, it can be hard to be civil in certain scenarios and even more difficult to put emotions aside and come to a resolution.

You don’t have to do it alone, though. Divorce mediation, with the help of a professional and experienced mediator, can be a great way to settle your divorce without it turning into a large battle. Before you begin

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divorce mediationDivorce doesn’t always have to be contentious, and it certainly doesn’t have to end up in a court battle. Granted, it can be hard to be civil in certain scenarios and even more difficult to put emotions aside and come to a resolution.

You don’t have to do it alone, though. Divorce mediation, with the help of a professional and experienced mediator, can be a great way to settle your divorce without it turning into a large battle. Before you begin mediating a divorce, you should prepare yourself with these tips.

Agree to see a mediator
As with marriage, divorce is a dance that requires two people. It can become one-sided in a courtroom, but in order to keep things civilized and fair, both parties have to agree to mediation. That doesn’t mean you and your spouse have to get along to mediate your divorce, but you should have a serious conversation about it. Look at the pros and cons of seeing a divorce mediator, and come to a conclusion together. If one side is forced into it or doesn’t take the process seriously, then it won’t be effective. It needs to be a decision that both of you make.

Go over assets
Part of divorce mediation is finding a fair way to split up assets. This can be challenging and take longer than it needs to if you don’t even know what those assets are. So before you visit the mediator, compile a list of all every asset you own. That doesn’t mean just what you own personally, but what you as a couple own. There may be things that your spouse owns that you aren’t aware of, so try to get a complete list. The mediator will help with the divorce separation and property agreements. Being honest and truthful about your possessions will not only expedite the process but can save you from legal complications down the road.

Draw the line
Now that you have a list of all of your assets, you should spend some time figuring out what you truly cannot live without, and what isn’t as important to you. This will help you pick your battles during the divorce mediation process. Being unrealistic and fighting over something that you’ve never wanted or used before will only make the process more difficult, so isolate the things that you actually want. You’ll both find that coming to an agreement on asset division to be much easier if there are clear lines drawn in the sand.

Having an open mind but with clear goals is the key to a successful mediation. Over two-thirds of couples who mediated a divorce were satisfied with the outcome of the entire process, and you could be too.

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Separation Mediation Baltimore https://www.baltimoremediation.com/separation/ Wed, 02 Apr 2014 18:00:20 +0000 https://www.baltimoremediation.com/?p=81 MEDIATION WORKS FOR SEPARATING COUPLES OR FAMILIES

Separation is sometimes used to give couples a chance to get a better perspective on their relationship. Although seen by some as a first step towards divorce, in reality the distance provided by separation can allow for couples to take a meaningful look at their relationship.  In many cases, having an impartial mediator can help couples open a dialogue about the problems they face.  The mediator facilitates meaningful dialogue and informed decision-making about difficult

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MEDIATION WORKS FOR SEPARATING COUPLES OR FAMILIES

Separation is sometimes used to give couples a chance to get a better perspective on their relationship. Although seen by some as a first step towards divorce, in reality the distance provided by separation can allow for couples to take a meaningful look at their relationship.  In many cases, having an impartial mediator can help couples open a dialogue about the problems they face.  The mediator facilitates meaningful dialogue and informed decision-making about difficult and often complex issues surrounding a decision to separate, or whether or not there will be a separation, and the consequences of a separation, both positive and negative. Separation may also be a step closer to divorce. Using the separation mediation Baltimore trusts can help couples get clear about these decisions. Mediation can also help couples get clear about other resources they may also need, including working with a marriage counselor, individual therapist or counselor, or spiritual advisor, in conjunction with their joint decision making in the mediation process (though use of these resources is not mandatory.)

Using the mediation process, couples can make decisions and/or create a custom-made separation agreement with provisions that meet each partner’s needs, and that also meet the needs of their children, if any, as best they can under the circumstances. Parenting decisions as well as personal and financial issues can be included in a separation agreement. Engaging in the separation mediation Baltimore depends one can help facilitate decisions about temporary or long term child support and spousal support, real and personal property distribution as necessary, other financial asset division, and debt allocation and responsibility. It is worth keeping in mind separation agreements can be legally binding contracts. Separation Agreements can be temporary or longer term, and they can also be complete Voluntary Separation and Personal Property Settlement Agreements, see the Divorce Mediation for more details. The mediator will assist the separating parties with clear choices.

Mediators of Louise Phipps Senft & Associates/Baltimore Mediation
Believe in Better Process…Better Outcome.

 

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Baltimore Divorce Mediation https://www.baltimoremediation.com/divorce/ Thu, 22 Aug 2013 16:00:13 +0000 https://www.baltimoremediation.com/?p=83 MEDIATION WORKS FOR DIVORCING COUPLES OR FAMILIES

People facing the difficult decision to divorce, or the painful experience of having the other spouse choose an unwanted divorce, can realize important benefits from mediation. The mediator facilitates meaningful dialogue and informed decision making about difficult and often complex issues surrounding a decision to divorce. In divorce mediation, couples may address their overall goals and what they believe is appropriate and responsive to their situation, and may then deal with conflicts as well as difficult but necessary decision making involving custody of children, parenting arrangements, child support of both minor and adult children, spousal support, real and personal property distribution, other financial asset division, debt allocation and responsibility, retirement plans, insurance plans and taxes.

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MEDIATION WORKS FOR DIVORCING COUPLES OR FAMILIES

People facing the difficult decision to divorce, or the painful experience of having the other spouse choose an unwanted divorce, can realize important benefits from Baltimore divorce separation and property agreements mediation. The mediator facilitates meaningful dialogue and informed decision making about difficult and often complex issues surrounding a decision to divorce. In Baltimore divorce mediation, couples may address their overall goals and what they believe is appropriate and responsive to their situation, and may then deal with conflicts as well as difficult but necessary decision making involving custody of children, parenting arrangements, child support of both minor and adult children, spousal support, real and personal property distribution, other financial asset division, debt allocation and responsibility, retirement plans, insurance plans and taxes.

Clients also have the opportunity to evaluate their current financial situation and to plan for their future financial needs while creating fair terms of agreement, as defined by the couple responsive to their particular situation. If divorce is chosen, mediators of Louise Phipps Senft & Associates/Baltimore Mediation help couples with children end their relationship as husband and wife while continuing their relationship and roles as parents, collaboratively or with boundaries. Some clients may choose not to dissolve their marriage but to be legally separated. With the mediator’s help, temporary interim agreements can be reached to handle immediate concerns. Couples may then discuss, decide or negotiate a complete divorce agreement that can be reviewed by attorneys, if so desired but is not mandatory, and filed with the court. Research shows that post-divorce compliance with mediated agreements is higher than with imposed court judgments. The result is also less post-divorce conflict and litigation. Additional research on transformative Baltimore divorce mediation specifically shows parties’ satisfaction rates in the 90th percentile, regardless of how a party thought or was told he or she would do in court. Let’s hear how we’ve helped many come to the Baltimore divorce separation and property agreements they need to move on with their lives.

Mediators of Louise Phipps Senft & Associates/Baltimore Mediation believe in Better Process…Better Outcome.

Testimonial:

“I am a separated woman who was helped by Baltimore Mediation with problems I had after my own legal separation. I only wish I had gone to them earlier in the process. I think their assistance would have been much more beneficial and cost-effective than the money my husband and I spent on private attorneys.

In general, for any couple considering, or in the midst of, separation or divorce, Baltimore Mediation may prove invaluable in terms of obtaining an ultimate decision satisfactory to both parties. If early enough in the process, the outcome might even be a means of reconciling, not just and orderly and respectful division. It is preferable in the State of Maryland to get the best possible guidance before and when separating, though assistance after legal separation with divorce pending can be beneficial too – it was for me. Even if separation has already occurred, Baltimore Mediation can work with both parties to improve equity in this situation. Many details may not be hashed out in cases where separating occurred with either stress or haste. This is a benefit that I obtained from mediation, since when separating I was desperate to end living with my husband as fast as I could.

Baltimore Mediation staff is kind and equitable to both parties on the cusp of a marriage. Decisions are made through compromise and consensus. My only caveat based on my own experience is that both parties have to be willing to be honest and open-minded to fully benefit from mediation.” – Elizabeth Carmody, former mediation client

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Marital Conflicts Baltimore https://www.baltimoremediation.com/marital-conflicts/ Thu, 01 Mar 2012 15:00:39 +0000 https://www.baltimoremediation.com/?p=76 MEDIATION WORKS FOR COUPLES AND FAMILIES WANTING TO PRESERVE THEIR MARRIAGE BUT FACED WITH CONFLICT, DIFFICULT OR COMPLEX CIRCUMSTANCES WHERE DECISIONS NEED TO BE MADE

When couples or families desire to stay together, but are faced with difficult or complex circumstances challenging their relationship, or creating stress points or fractures on the quality of their interaction, mediation can provide a breath of fresh air for the situation.
When working through the marital conflicts Baltimore may unfortunately experience, consider the use of a

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MEDIATION WORKS FOR COUPLES AND FAMILIES WANTING TO PRESERVE THEIR MARRIAGE BUT FACED WITH CONFLICT, DIFFICULT OR COMPLEX CIRCUMSTANCES WHERE DECISIONS NEED TO BE MADE

When couples or families desire to stay together, but are faced with difficult or complex circumstances challenging their relationship, or creating stress points or fractures on the quality of their interaction, mediation can provide a breath of fresh air for the situation.
When working through the marital conflicts Baltimore may unfortunately experience, consider the use of a mediator.  Working with a third party neutral, in the privacy of a neutral meeting location, a facilitated meeting by a mediator promotes a more positive quality of interaction where the interaction can be slowed or summarized, allowing time to think and respond more thoughtfully about sensitive and important matters. Decisions can be more fully informed and completely responsive to each family’s needs and situation.  The marital conflicts Baltimore experiences can be stressful and fraught with heightened emotions.  By having a mediator present, all parties are able to develop a productive dialogue despite their emotions.

Such mediations can be one-time meetings or a series of meetings, as decided by the parties. The meetings are confidential and private in order to help establish trust on all sides. They may include issues such as financial matters, loss of job or income, sickness or injury, child entering college, alcohol or substance use, marital breaches, moves or transfers, pregnancy, in-law relationships, births, care-taking of elderly parents, emotionally challenged children’s needs, consideration of marriage for potentially engaged couples and so on.  These confidential meetings are created so all pertinent topics are able to be discussed in an open and productive manner.

All families face changes, often times significant changes, at certain times in their lives. Marital mediation is about offering the opportunity for quality interaction about difficult issues and making informed decisions together. The beauty of marital mediation is that it can be accessed as needed and is a preventative way to maintain a long and healthy marriage for many years until death do you part.  When the marital conflicts Baltimore experiences affect you and your family, consider the mediation process in order to keep communication open, honest, and productive.

Mediators of Louise Phipps Senft & Associates/Baltimore Mediation believe in Better Process…Better Outcome.

Testimonial:

“Thank you for your help and professional guidance as we worked through this. We all learned a lot and sincerely appreciate the assistance in finding a workable solution. We will certainly keep you in mind if we have future issues – let’s hope not, but we know these kinds of issues can occur. Thanks again.” – Mike Gannon

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Post-Divorce https://www.baltimoremediation.com/post-divorce/ Thu, 01 Mar 2012 18:00:35 +0000 https://www.baltimoremediation.com/?p=87 MEDIATION WORKS FOR DIVORCED PARENTS FACING CHANGING CIRCUMSTANCES

When post-divorce changes in parenting arrangements or child or spousal support are desired by one or both parties due to significant changes in circumstances such as relocations, new living or work situations, or changes in the lives of the children, parents welcome having a safe, impartial environment to discuss these types of issues. When appropriate and desired, mediation may also involve people outside the immediate conflict, such as stepparents or grandparents, new spouses

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MEDIATION WORKS FOR DIVORCED PARENTS FACING CHANGING CIRCUMSTANCES

When post-divorce changes in parenting arrangements or child or spousal support are desired by one or both parties due to significant changes in circumstances such as relocations, new living or work situations, or changes in the lives of the children, parents welcome having a safe, impartial environment to discuss these types of issues. When appropriate and desired, mediation may also involve people outside the immediate conflict, such as stepparents or grandparents, new spouses or significant others, as well as older children involved in the conflict, such as decisions about which college or university to attend.

Mediators of Louise Phipps Senft & Associates/Baltimore Mediation believe in Better Process…Better Outcome.

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Parent -Teen Conflicts https://www.baltimoremediation.com/parent-teen-conflicts/ Thu, 01 Mar 2012 11:00:22 +0000 https://www.baltimoremediation.com/?p=90 MEDIATION WORKS FOR PARENTS AND TEENS NEEDING TO UNDERSTAND EACH OTHER AND CREATE NEW WAYS OF COMMUNICATION AND RELATING

It is often difficult for all parties during the teenage years to maintain the relationship they desire with each other while also balancing responsibility, independence, and newly discovered boundaries. When families, parents, and teenagers find that their relationship has changed and has become stressful or a battleground, mediation is an ideal forum for communication and goal clarification.

Mediators are neutral and do not

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MEDIATION WORKS FOR PARENTS AND TEENS NEEDING TO UNDERSTAND EACH OTHER AND CREATE NEW WAYS OF COMMUNICATION AND RELATING

It is often difficult for all parties during the teenage years to maintain the relationship they desire with each other while also balancing responsibility, independence, and newly discovered boundaries. When families, parents, and teenagers find that their relationship has changed and has become stressful or a battleground, mediation is an ideal forum for communication and goal clarification.

Mediators are neutral and do not take sides. Mediation meetings are confidential. Mediators help parents and teens together to create their own guidelines for communication and interaction. Mediators also assist them with meaningful dialogue, creating new ways of communicating and making informed and thoughtful decisions that address their particular situation. The beauty of parent-teen mediation is that it can be accessed as needed and is a preventative way to maintain workable family interaction, without being judged, and with a focus on dialogue and decision-making. The beauty of marital mediation is that it can be accessed as needed and is a preventative way to maintain a long and healthy marriage for many years until death do you part.

Mediators of Louise Phipps Senft & Associates/Baltimore Mediation believe in Better Process…Better Outcome.

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Partnership Dissolution https://www.baltimoremediation.com/partnership-dissolution/ Thu, 01 Mar 2012 16:00:42 +0000 https://www.baltimoremediation.com/?p=92 MEDIATION WORKS FOR PARTNERSHIP DISSOLUTION

Mediation is an ideal forum, as well as an alternative forum, for addressing the needs of unmarried couples, as well as,  gay and lesbian couples, who are working through a separation of their relationship and acquired property. Mediation can help resolve issues for those who have lived together or bought property together, parented a child together, and/or formed a business together while being involved in an emotional and personal relationship with one another.

While the law provides

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MEDIATION WORKS FOR PARTNERSHIP DISSOLUTION

Mediation is an ideal forum, as well as an alternative forum, for addressing the needs of unmarried couples, as well as,  gay and lesbian couples, who are working through a separation of their relationship and acquired property. Mediation can help resolve issues for those who have lived together or bought property together, parented a child together, and/or formed a business together while being involved in an emotional and personal relationship with one another.

While the law provides guidance and support to married families, it often does not address or pertain to unmarried couples. Such couples are often lost in not only a painful situation but also a particularly vulnerable situation, financially. In mediation, parties are able to choose standards, including borrowed legal standards, to guide them in property division where such standards may not otherwise exist. Mediation assists them with separating their relationship with integrity and with compassion into workable decisions and agreements. The mediator can also prepare or assist with preparation of written agreements, which can be legally binding if chosen.

Mediators of Louise Phipps Senft & Associates/Baltimore Mediation believe in Better Process…Better Outcome.

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Baltimore Trust and Estate Disputes https://www.baltimoremediation.com/trust-and-estate-disputes/ Thu, 01 Mar 2012 15:00:20 +0000 https://www.baltimoremediation.com/?p=95 MEDIATION WORKS FOR FAMILIES AND SIBLINGS IN DISPUTE OVER INHERITED PROPERTY INCLUDING SUMMER HOMES AND CHERISHED PERSONAL PROPERTY

When parents pass away, it is not only often a painful experience emotionally, but it also often brings about changed situations financially. It can even be a situation of relief mixed with grief and guilt, when the parent died after great suffering, or died when family conflicts were unresolved. Property is often left to children in the form of real estate or stocks.

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MEDIATION WORKS FOR FAMILIES AND SIBLINGS IN DISPUTE OVER INHERITED PROPERTY INCLUDING SUMMER HOMES AND CHERISHED PERSONAL PROPERTY

When parents pass away, it is not only often a painful experience emotionally, but it also often brings about changed situations financially. It can even be a situation of relief mixed with grief and guilt, when the parent died after great suffering, or died when family conflicts were unresolved. Property is often left to children in the form of real estate or stocks. Primary homes and vacation homes are often left to grown children for them to decide appropriate use and disposition. Specific personal property distribution is often not addressed in wills in much detail. Family strife often develops over how such property will be used, managed and distributed.

Mediation is an ideal for matters such as Baltimore trust and estate disputes. It allows siblings and their spouses or significant others, or grandchildren if so chosen, to have meaningful dialogue about the effects of the deaths and how they wish to deal with and distribute inherited property in meaningful ways. Often old family controversies, personality dynamics and differences, or sibling rivalries that were never addressed years earlier emerge as obstacles. Mediation offers an opportunity for all involved to overcome such barriers by having a better understanding of each other, the situation, and to focus and take part in informed decision making that all feel is fair and workable. No mediation outcome is ever the same for all families.

Mediators help grown children with easier ways of relating to each other while each works through his or her own acceptance of their parents’ deaths. Mediators often help families who have inherited property decide how to use or co-own a summer home with shared rights and responsibilities of ownership. Mediators often help families create the plan of personal property distribution, which may also involve other family members many miles away, or may include decisions about what other resources are needed to provide valuations or to assist in the appropriate distribution. Rather than being left with loss as well as bitterness, families choosing to use mediation have a chance to move toward something more positive.

Trust and Estate lawyers also love mediation because the process allows families to craft their own outcomes that could never have been envisioned years prior when wills were created. Family members named in wills as executors or administrators also welcome mediation, because they often find themselves in situations where it is difficult to know or to please all siblings with the handling of the estate after the parents have died without a facilitated discussion. Mediators can prepare written summaries of the decisions made in the mediation process as well as with property plans. Baltimore trust and estate disputes and other counsel can also assist families as resources during and after the mediation process for other legal documents that beneficiaries may need.

Mediators of Louise Phipps Senft & Associates/Baltimore Mediation believe in Better Process…Better Outcome.

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Elder Care Conflicts https://www.baltimoremediation.com/elder-care-conflicts/ Thu, 01 Mar 2012 14:00:22 +0000 https://www.baltimoremediation.com/?p=97 MEDIATION WORKS FOR FAMILIES FACING CHANGED LIFE CIRCUMSTANCES WITH ELDERLY PARENTS

When one elderly parent either passes away leaving the other elderly parent living alone, or when one or both parents are growing older and in need of greater attention or care, grown children often struggle out of concern and love for the best course of action. Such conflicts are expected and are normal. Such conflicts often include multiple siblings and their spouses as well. The conflicts also involve the need

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MEDIATION WORKS FOR FAMILIES FACING CHANGED LIFE CIRCUMSTANCES WITH ELDERLY PARENTS

When one elderly parent either passes away leaving the other elderly parent living alone, or when one or both parents are growing older and in need of greater attention or care, grown children often struggle out of concern and love for the best course of action. Such conflicts are expected and are normal. Such conflicts often include multiple siblings and their spouses as well. The conflicts also involve the need for siblings and the aging parent, when at all possible, to discuss and decide on new living arrangements, powers of attorney, new ownership structures for bank accounts and other assets. Mediators can facilitate this dialogue and decision- making process. Mediators can also assist with informed decision making and resource referrals for families facing Medicare and Medicaid requirements, assisted living needs as well as with other specific issues facing the parent and grown children both financially and emotionally.

Mediators of Louise Phipps Senft & Associates/Baltimore Mediation believe in Better Process…Better Outcome.

See elder care dialogue and decision-making.

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Family Business Succession Planning https://www.baltimoremediation.com/family-business-succession-planning/ Thu, 01 Mar 2012 08:00:14 +0000 https://www.baltimoremediation.com/?p=113 FACILITATED FAMILY BUSINESS SUCCESSION PLANNING MEETINGS WORK FOR FAMILIES WHO WANT TO PRESERVE IMPORTANT FAMILY RELATIONSHIPS AND MAKE SMART BUSINESS DECISIONS AS WELL

Most families who own a their own business face numerous conflicts, whether relating to employees, finances, financial reverses, strategic planning, resource use, leveraging, product changes, market changes, serious illness, divorce, remarriage, and death. One of the most under-addressed yet serious needs for family owned businesses is the discussion of a succession plan. These are often difficult conversations, for

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FACILITATED FAMILY BUSINESS SUCCESSION PLANNING MEETINGS WORK FOR FAMILIES WHO WANT TO PRESERVE IMPORTANT FAMILY RELATIONSHIPS AND MAKE SMART BUSINESS DECISIONS AS WELL

Most families who own a their own business face numerous conflicts, whether relating to employees, finances, financial reverses, strategic planning, resource use, leveraging, product changes, market changes, serious illness, divorce, remarriage, and death. One of the most under-addressed yet serious needs for family owned businesses is the discussion of a succession plan. These are often difficult conversations, for many reasons–it is often hard for smaller or busy family businesses to make the time for such discussions; the current culture or owner(s) management style may not lend themselves readily to such approach; or because the content of such discussion may naturally include serious things such as family members’ capabilities and personalities, ambitions, sibling rivalries, future goals and dreams, disability, aging and death.

Owners who decide to use a neutral facilitator to assist the family and business with its succession planning decisions find that the process benefits all, with clarification of the future with outcomes that also strengthen the business operation. The primary role of the neutral facilitator, also experienced in such family and business matters, is to convene the meeting and to facilitate quality interactions and the ability to seek additional information as needed for fully informed decision making. Family members may also choose to have others present at one of their facilitated meetings, including another non-family member employee or member of the board, or the business’ accountant or legal advisor. These resources can also benefit from the use of the neutral facilitator, who helps to ensure that everyone has spoken and understood the information and options that are discussed.

Family Business Mediators and Facilitators of Louise Phipps Senft & Associates/Baltimore Mediation believe in Better Process…Better Outcome.

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