More videos on the subject

Select Desired Category  ↓

stl moms jonathan marks single women retirement

Jonathan Marks, STL Moms: Single women seem to be better off in retirement

Attorney Jonathan Marks Speaks to KMOV St. Louis County Councilman Case

Jonathan Marks, STL Moms: Problems couples face with life insurance policies

Jonathan Marks, STL Moms: Tax law changes will impact parents who are divorced

divorce and family law attorney Jonathan Marks

Jonathan Marks, STL Moms: Financial Problems Often Pop Up During Divorces

Jonathan Marks, STL Moms, Kids Sports

Jonathan Marks, STL Moms: Weighing the Health Risks of Kids’ Sports

jonathan marks stlmoms paternity cases missouri

Jonathan Marks, STL Moms: Paternity Cases in Missouri

stl moms avoiding pitfalls during divorce

Jonathan Marks, STL Moms: Avoiding Divorce Pitfalls

jonathan marks stl moms digital spying divorce attorney

Jonathan Marks, STL Moms: Digital Spying and Divorce

jonathan marks st louis divorce attorney holiday family problems

Jonathan Marks, STL Moms: Solutions for Divorced Families and the Holiday Season

stl moms tax proposal divorce attorney st louis

Jonathan Marks, STL Moms: New Tax Plan, Divorce

stl moms marital status income divorce lawyer st louis

Jonathan Marks, STL Moms: Marital Status Income Gap

stl moms sports private school divorce

Jonathan Marks, STL Moms: Sports, Private School, and Divorce

jonathan marks stl moms relationship killers divorce

Jonathan Marks, STL Moms: Biggest Relationship Killers

changes missouri child support calculation st louis

Jonathan Marks, STL Moms: Changes to Missouri’s Child Support Calculation

stl moms mary j blige divorce attorney

Jonathan Marks, STL Moms: Lessons from Mary J. Blige Divorce Settlement

jonathan marks st louis divorce attorney who pays child expenses

Jonathan Marks, STL Moms: Who Pays for Child Expenses?

jonathan marks stl moms child support new spouse

Jonathan Marks, STL Moms: Child Support and the New Spouse

child custody attorneys st louis mo

Jonathan Marks, STL Moms: Push for More Strict Legislation on Custody Agreements

stl moms third party visitation child custody attorneys

Jonathan Marks, STL Moms: Third Party Visitation Cases

st louis divorce child custody attorney

Jonathan Marks, STL Moms: Relocating After a Divorce

divorce attorney st louis uber case

Jonathan Marks, STL Moms: Divorce Case Involving Uber

divorce attorney st louis rise in divorce filings january

Jonathan Marks, STL Moms: Rise in Divorce Filings in January

divorce attorney st louis spouse email hack

Jonathan Marks, STL Moms: Accessing Spouse’s Email

christmas divorce issues st louis mo

Jonathan Marks, STL Moms: Christmas Custody Issues

jonathan marks thanksgiving divorce st louis

Jonathan Marks, STL Moms: Holiday Advice for Divorced Families

jonathan marks stl moms brangelina divorce

Jonathan Marks, STL Moms: What You Can Learn From Brad Pitt and Angelina Jolie’s Divorce

Jonathan Marks, STL Moms: Finding a Mediator for Your Divorce

Jonathan Marks, STL Moms: Divorce and College Savings

Jonathan Marks, STL Moms: What happens to Social Security benefits following divorce?

Jonathan Marks, STL Moms: Choosing the Right Attorney For a Divorce

Jonathan Marks, STL Moms: Shared child custody refusal during summer months

Jonathan Marks, STL Moms: MO lawmakers change the way you get divorce

Jonathan Marks, STL Moms: Tips for splitting custody during the summer

Child Custody Concerns and Relocation, The Marks Law Firm

Jonathan Marks, STL Moms: Child custody concerns when relocating residences

What Happens To Frozen Embryos in Divorce Proceedings, The Marks Law Firm

Jonathan Marks, STL Moms: What happens to frozen embryos in divorce proceedings?

Equal Custody Laws, The Marks Law Firm

Jonathan Marks, STL Moms: Giving Missouri parents equal custody time with proposed legislature

Jonathan Marks, STL Moms: Important divorce advice for prospective single mothers

Jonathan Marks, STLMoms: Protecting those who have been hacked online

Jonathan Marks, STLMoms: Surging number of disputes over custody of pets

Jonathan Marks, STLMoms: How to tell kids about divorce

Jonathan Marks, STL Moms: What do divorced parents do during Halloween

Jonathan Marks, STL Moms: January Is Divorce Month

Jonathan Marks, STL Moms: Divorce and the Holidays

Jonathan Marks, STL Moms: Child Support, Taxes and the Powerball

Jonathan Marks, STL Moms: February Divorce Month

Jonathan Marks, STL Moms: What are grandparents’ rights in a divorce?

Jonathan Marks, STL Moms: Keeping Divorce As Stress-Free As Possible

Jonathan Marks, STL Moms: Common financial mistakes associated with divorce

Jonathan Marks, STL Moms: Money matters after divorce

Jonathan Marks, STL Moms: Does Facebook contribute to divorce?

Jonathan Marks, STL Moms: Apps can help settle divorce custody disputes

Jonathan Marks, STL Moms: How to handle your taxes if you’re divorced

Jonathan Marks: Attorney talks pets, divorce proceedings

Jonathan Marks, STL Moms: Attorney discusses Cohabitation Law

Tech Nuptials, Part 3 of 3 – Assets, Bitcoin & Your Actions

Tech Nuptials, Part 2 of 3 – Social Media & Digital Prenuptial

Tech Nuptials, Part 1 of 3 – To Spy or Not To Spy

Transcription:

Well, if you’ve recently filed for divorce and you’re likely weighing your options, for some, that means turning to a mediator. Is mediation for you? Family law attorney Johnathan Marks with The Marks Law Firm here this morning to talk a little bit more about that. Good morning to you.

Good morning, Margie.

Yeah. So first off, what does mediation involve?

So mediation is an alternative dispute resolution process where the two parties would meet with an attorney who would help them facilitate an agreement. So the attorney isn’t representing either one of the parties, they’re a neutral individual who’s there to really facilitate an agreement if one can be reached between the two litigants.

Yeah. So how do you find a mediator that both couples feel comfortable with?

Well, it’s a hard process, to be honest with you.

Yeah.

I mean, you know, you’re kind of looking in the same manner you’d be looking for when you’re looking for an attorney, except you wanna focus on a particular factor. So, you know, objectively you wanna first figure out what’s the process that the mediator is gonna use. Is that person one that has more of a soft touch and is really gonna explore how to hit the feelings that are necessary to avoid the hard feelings going on here, but, you know, get to a resolution everyone can live with? Or is you looking for somebody that has more of a heavy-handed approach, where maybe they just take the emotion out of it and really get down to what the issues are to help move you forward to reaching a resolution?

Yeah. And you said there’re some questions like, “Does this person seem honest and forthright? Does this person communicate in a way that you understand and appreciate?” There’re some questions you should be asking them.

Well, absolutely. So mediation, the foundation of it really is whether it’s fairness. So do you believe that this process is gonna be fair? Because as you sit there, neither one of the parties is sitting there with their attorney to be their advocate, you’re relying upon the mediator. And so it’s a real trust relationship. So you have to focus on the fact of A, are you trusting this individual to make you, you know, knowledgeable, informed, and assist you down the way to make educated decisions for your divorce? And in doing so you have to be able to communicate effectively with that individual. Do they hear what you’re saying? Can they process it? Are they repeating information and answering your questions in a way that you really can understand to make those decisions?

Yeah, if the couple can’t agree on a mediator, they just do regular litigation?

Yeah. I mean, typically, you know, if you didn’t go to mediation first and you’re in a traditional divorce setting, you…if you can’t come to an agreement, you always can defer back to the court process. And sometimes the court will just appoint a mediator and say, you know, “Pursuant to a local rule you must attend two hours or four hours of custody mediation,” in an attempt to try to reach some sort of an agreement before coming back to court.

Yeah, let’s say you go into mediation, and maybe, I don’t know if they wanna tackle the hardest issue you have first or the easiest, but let’s say you have 10 different issues and you agree on 5 of them, but you can’t agree on the other 5.

Yeah. So mediation in and of itself, unlike arbitration, is nonbinding. So if you two go and you do good faith effort and you don’t reach an agreement, it’s okay. Or if you do reach an agreement and you then sort of have buyer’s remorse, you have the ability to opt out. So at the end of the day, you could be using it to have all of your issues resolved, or you also could be using it to resolve as many issues as you can and then shorten the amount of litigation that you would have in the traditional court system.

Yeah. I mean, you mentioned that the judge may actually say, “Hey, I want you to go to mediation first.” So this is something that they’re looking at. They want you to work it out.

Right. So in essence, the local court system has rules, especially for children, say, that the parents have to go to mediation and try to work with somebody to come up with a parenting plan that would be in their children’s best interest.

All right. Family law attorney Johnathan Marks. Thank you, we appreciate it.

Thank you.

For more information on The Marks Law Firm, head to the “STL Moms” tab, we’ll link you to them.