NCRC’s Divorce and Family Law Mediation process is a way for people to approach their situations in a methodical, empowering way that takes into account their preferences, their needs, and what is practical for them, and helps them gain an understanding of what the risks and benefits of litigation may be.
Mediation is NOT intended to be a way for people to come to agreements just to be nice or to make the divorce easy. It IS a way for couples who are getting divorced to learn about the law that is relevant to their situation. If a party is having difficulty negotiating, he or she can be referred to attorneys, financial experts, therapists or other professionals who can advise them individually and/or help them gather the information needed to make a good decision for themselves.
Many mediation clients hire consulting attorneys who provide them with legal advice and strategies either before or after the mediation sessions and review their final agreements. Some individuals feel they are unable to negotiate for themselves at the mediation because the other party is very persuasive, has most of the financial information, or for some other reason. In that case, as long as the other person doesn’t object, he/she may bring his/her consulting attorney with him/her to the mediation sessions to provide advice and counsel, The mediator is still in control of the mediation process, and the attorney can advise his/her client, and may be able to propose some options that assist the settlement process.
It is may be more expensive for the client to pay half of the mediator’s fee plus their own attorney’s fee; however, in the long run it can shorten the process and actually save money for a case that might otherwise end up in costly litigation.
Tuesday, June 21, 2011
Thursday, May 26, 2011
I MIGHT BE GETTING DIVORCED OR SEPARATED.....WHAT DO I DO?
This question is asked by people who are faced with the prospect of divorce or legal separation that either they or their spouse are initiating. The first thing that typically comes to their mind is to find an attorney. Depending on what their financial resources are, they may next think, but I can’t afford a lawyer or I don’t want there to be a big fight. There is a remedy for the uncertainty and it might come from a friend, a therapist or a family member: GO TO AN INFORMATIVE WORKSHOP TO LEARN WHAT YOUR OPTIONS ARE.
NATIONAL CONFLICT RESOLUTION CENTER (NCRC) offers a workshop, Third Saturday, on the third Saturday of every month at NTC – Liberty Station, to help you answer that very question. In a 4 hour workshop, in blocks of one hour each, an attorney speaks about the legal procedures and requirements, a divorce financial planner talks about the relevant financial issues, a therapist talks about the personal issues for the spouses and/or their children, and a mediator talks about mediation for Divorce or Legal Separation.
During each segment and during breaks, the attendees have the chance to ask whatever questions they may have for approaching this new, and often scary, situation.
The cost of the workshop is $35 if you preregister, $45 if you just walk in and an extra $5 off each registration if both spouses attend.
For more information: contact
Thursday, January 20, 2011
QDROS ARE REQUIRED BY FEDERAL LAW
QDROs (Qualified Domestic Relations Orders) are required by federal law. Congress created them over 20 years ago to protect both husbands and wives in a divorce regarding the equal division of employer-managed retirement plans earned during the marriage, as many people used to get completely shut out.
NCRC clients don’t have to pay a lawyer to do a QDRO. They can try to do it themselves using a standard form from the employer. However, this carries unknown risks to one (usually the non-employee spouse) or both parties, since they are designed with the employer’s needs in mind, not the parties.
A QDRO has to fulfill two sets of requirements: the federal laws and the retirement plan administrator’s rules. NCRC mediators don’t prepare them because they are too complicated. As retirements are often the largest or second largest asset a couple owns, having rules to protect both parties is like having rules about buying and selling houses and mortgages. We saw what happened when those rules were diminished over the past decade. On the other hand, IRAs are considered private plans, so that there are fewer rules about dividing and transferring those, and we can address them in our Marital Settlement Agreements (MSAs). That’s why we try to use IRAs for rollovers as much as possible. Otherwise, we refer out to attorneys who do QDROs for both parties on a neutral basis.
Bill Eddy, LCSW, CFLS
Senior Family Mediator
National Conflict Resolution Center
NCRC clients don’t have to pay a lawyer to do a QDRO. They can try to do it themselves using a standard form from the employer. However, this carries unknown risks to one (usually the non-employee spouse) or both parties, since they are designed with the employer’s needs in mind, not the parties.
A QDRO has to fulfill two sets of requirements: the federal laws and the retirement plan administrator’s rules. NCRC mediators don’t prepare them because they are too complicated. As retirements are often the largest or second largest asset a couple owns, having rules to protect both parties is like having rules about buying and selling houses and mortgages. We saw what happened when those rules were diminished over the past decade. On the other hand, IRAs are considered private plans, so that there are fewer rules about dividing and transferring those, and we can address them in our Marital Settlement Agreements (MSAs). That’s why we try to use IRAs for rollovers as much as possible. Otherwise, we refer out to attorneys who do QDROs for both parties on a neutral basis.
Bill Eddy, LCSW, CFLS
Senior Family Mediator
National Conflict Resolution Center
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