October 6, 2022in Mediation

What are the 5 Steps of Mediation?

Mediation can provide a less expensive and more civil alternative for many legal issues that might otherwise result in court proceedings. This option is especially true for a divorce. Divorce proceedings in court have the power to rip a family apart and degrade all relationships.

Mediation generally involves a licensed neutral third party who will help the two sides reach an agreement outside of court. Conducting this process usually involves five steps: the introductory stage, information gathering stage, framing/problem identification stage, bargaining stage, and the settlement stage. Read on to learn more about how this process works.

1. Introductory Stage

The introductory stage is the first stage in the divorce mediation process. The two parties must have their initial meeting with the mediator. The mediator will lay out the ground rules for the procedure. The mediator will discuss the rules and expectations for both parties.

Part of the introductory stage is the assurance by the mediator that they are a completely neutral party who is not predisposed to favor one side over the other. The mediator will get to know each side before proceeding further. The mediator will ask both parties what they view as the problem and what they hope to get out of the mediation.

2. Information Gathering Stage

At this stage, the mediator must gather all relevant information about the case and the parties, including but not limited to assets such as homes, cars, boats, and all property owned by both spouses. The mediator must also hear about insurance policies, debts, or obligations to any outside party. During this stage, you must provide the mediator with financial statements so that they can adequately evaluate each party’s financial situation.

This stage can take multiple sessions, depending on the complexity of your family’s shared assets. Your mediator will ensure that they properly explain how your state’s law may affect things like asset division. Different states have unique legislation about what exactly should be divided up during a divorce.

3. Framing/Problem Identification Stage

The framing and problem identification stage begins after the mediator knows all relevant facts about the dispute. Here, the mediator will help each party flush out their reasons for wanting various assets as well as their concerns and questions. As part of this, the mediator will discuss what they feel the heart of the issue is and how it may be resolved.

This stage is generally fluid with the next, known as the bargaining stage.

4. Bargaining Stage

In the bargaining or negotiating stage, the mediator will attempt to provide solutions that make each party happy. This part of the process will likely mean that the mediator will give you and your spouse various options for how they see you divide your assets.

In caucus, the mediator will put a proposed settlement on the table. Then, they will ask each side to attempt to amend the settlement until an agreement has been made. Depending on the success of this, “caucusing” can occur.

The bargaining stage can take a day or a few weeks, depending on how much you and your spouse disagree.

5. Settlement Stage

In the final stage of divorce mediation, both parties will reach a settlement. During this stage, the mediator will ensure that each party is clear on what exactly they are receiving and giving up as part of their settlement.

The mediator will put the settlement in writing and have all parties sign. Once this document is signed, the mediator will submit it to the court.

Family Law in Tucson

Erica L. Cossitt Volpiano P.C. is a licensed Divorce Mediator in Tucson, Arizona. ELCV LAW provides relief for families who cannot agree to stay in a relationship but do not wish to expose themselves to a messy and expensive court proceeding. Take control of your future, and set up a consultation with ELCV LAW today by calling 520-795-2235 or visiting our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

October 3, 2022in Legal System, Vicarious Trauma

Vicarious Trauma – Its Affects on the Legal Profession

Vicarious Trauma - Its Affects on the Legal Profession

As attorneys, we are often faced with traumatic events. Litigation is often filled with disturbing images and disturbing facts. While we may try to distance ourselves from these events in our personal lives, the events we see in our professional lives can take their toll. This effect is known as vicarious trauma. Vicarious Trauma can negatively affect attorneys, including fatigue, irritability, anxiety, depression, and substance abuse. Attorneys need to be aware of these risks and take steps to protect themselves from vicarious Trauma.

Vicarious Trauma is a term used to describe the emotional or psychological effects on professionals who witness their clients’ traumatic experiences. This type of trauma damages legal professionals, leading to significant stress, anxiety, and even post-traumatic stress disorder (PTSD), and if gone unchecked, could cause unwanted pressures. Legal professionals need to be aware of vicarious Trauma and its effects to protect themselves and manage their well-being. This article will introduce you to the impact of vicarious trauma and how it may affect your personal and professional life.

What is Vicarious Trauma, and how does it affect the legal profession

Chronic stress, anxiety, and depression are common issues many people face in the legal profession. However, Vicarious Trauma is another less-talked-about issue that can seriously impact attorneys and judges. Vicarious Trauma is often caused by exposure to traumatic stories and events experienced by others and can lead to chronic stress, anxiety, and depression. It is an essential issue that legal professionals should recognize and address.

What are some signs you may be experiencing vicarious trauma?

Experiencing lingering feelings of anger, rage, and sadness about the patient’s victimization.

Becoming overly involved emotionally with the patient
Experiencing bystander guilt, shame, feelings of self-doubt
Being preoccupied with thoughts of patients outside of the work situation
Over-identification with the patient (having horror and rescue fantasies)
Loss of hope, pessimism, cynicism
Distancing, numbing, detachment, cutting patients off, staying busy
Avoiding listening to the client’s story of traumatic experiences
Difficulty in maintaining professional boundaries with the client

If you are experiencing any of these signs, this could indicate that you are suffering from vicarious trauma. Vicarious Trauma: symptoms and strategies for coping

Anyone who has worked in the legal profession can attest to the high levels of stress and emotional fatigue that come with the job. But what many may not realize is that this type of stress can lead to something known as vicarious trauma. Vicarious Trauma is when a person experiences traumatic symptoms due to exposure to another person’s Trauma. It can be incredibly harmful to both the individual and the profession as a whole, so it’s crucial to understand what it is and how to address it.

How to avoid vicarious trauma in your law practice

No one expects law professionals to work in a bubble, completely shielded from the outside world. In any profession, there are inherent risks that come with the job. For lawyers, one of those risks is the potential for developing vicarious trauma. This condition can arise when lawyers are exposed to traumatic material in their work and can lead to a range of negative consequences, including depression, anxiety, and PTSD. While there is no surefire way to avoid vicarious trauma altogether, there are steps you can take to protect yourself and your practice. By taking some simple precautions, you can help protect yourself from developing vicarious trauma and maintain your well-being.

In her book, Dr. Faith Harper, Ph.D., LPC-S, ACS, ACN, explains: “Trauma is often complex and continuous. If you serve in the military or work in a high-risk profession, you experience terrible things regularly and know that they can occur at any minute of any day.” Dr. Haper says: “Trauma puts us in survival mode for the first thirty days. And traumas may be coming so fast and furious that we don’t have a moment to stop and breathe. So our brains shut down the trauma-processing experience so we can continue to survive. Taking care of ourselves often becomes a luxury we can’t afford, rather than a necessity we can’t ignore.”

Strategies for coping with vicarious trauma

Avoid alcohol and drugs. When you’re struggling with difficult emotions and traumatic memories, you may be tempted to self-medicate with alcohol or drugs. Relaxation techniques such as meditation, deep breathing, massage, or yoga can activate the body’s relaxation response and ease symptoms of PTSD.

Get regular reflective professional supervision, individual and group, where possible.
Ensuring you have strong peer networks that you can call upon when you need that extra support.
Having a life outside of work that involves family, friends, and non-work-related activities.

Much like building a house, organizational response to vicarious trauma requires vision, commitment, and a methodical approach that lays a foundation and builds up from there. This blueprint, informed by research and lessons learned from the field, was created as a step-by-step guide to assist organizations in becoming more vicarious trauma-informed. It provides guidance on using the Vicarious Trauma—Organizational Readiness Guide (VT–ORG) to assess your organization’s current capacity as a vicarious trauma-informed organization and offers suggestions on how to use the FREE, online repository of policies, research, and websites in the Compendium of Resources, including the New Tools for the Field, created specifically for the VTT.

Download link: Effects of Vicarious Trauma – What to Look For

The legal profession can be one of the most stressful careers in our society, not to mention that it’s also a service industry. That means attorneys are exposed to traumatic experiences regularly and often do so without adequate emotional support or coping mechanisms. Attorney Erika L. Cossitt Volpiano, P.C., has developed an informative presentation about vicarious trauma for lawyers, exploring how this phenomenon impacts the law practice environment and strategies for managing its impact on your life through mindful meditation and other practices. If you think this might interest your organization or company, take control of your future and contact us at 520-795-2235 or visit us at www.elcvlaw.com to schedule a speaking engagement today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

September 23, 2022in Mediation, Relationship

Is Mediation Right for Your Situation?

While every divorce is unique, in Arizona divorce mediation is generally the preferred divorce process. It is a more amicable and affordable alternative to battling your spouse in court. In addition, you may use mediation to solve all divorce-related issues, including division of assets, custody of children, etc.

The process involves a family law attorney to keep the peace and ensure fair negotiations. However, the question is not whether mediation is a beneficial process. Instead, the question is whether mediation is a good fit for you. You can read more about why you should consider mediation here.

Do You Have to Get Along with the Other Person?

While you do not have to be best friends with your spouse to have a successful mediation session, it can certainly help. Many types of mediation are generally used depending on how well you and your spouse get along. The main two types of mediation include a shuttle or a facilitative session.

Shuttle Mediation: These mediation sessions are better for couples who cannot work together. This form includes if the couple argues more than they can calmly talk or if they have trouble listening to one another. The participants would have their own rooms and their attorneys in this case. The attorneys would then move between the rooms to negotiate on behalf of the participants. Both participants can either share a mediator or have their own. However, it can be beneficial for each participant to have their own attorney since they can help make decisions or evaluate offers.

Facilitative mediation: In this type of mediation session, the participants are directly involved in the negotiations. These sessions are participant-driven, meaning the participants control the outcome. The mediator will help guide the discussion to important topics and offer expertise on various subjects. Still, the participants will ultimately determine the agreements. Once the mediation is complete, the family attorney will draw up the agreement stating the decisions made during the session.

Can Mediation Improve Our Communication?

Yes! Although mediation should never be considered a form of therapy, mediation can help improve communication. When couples begin the discussion during mediation, the mediator will help ensure all communication goes smoothly. There are three different mediation styles: the transformative, the evaluative, and the facilitative.

The transformative style is where the mediator empowers each participant to share their thoughts and respond kindly to one another. Their goal is to help each person understand the motive behind the other’s communication.

The evaluative style is where the mediator removes emotions from the equation and sticks to the fact. The mediator will use current laws to help the couple resolve their disputes. This style is better for couples who seem unable to find a middle ground and would rather have a third party decide.

The facilitative style, also described above, is where the mediator acts as a third party and makes sure all topics discussed and both participants stay on track. The mediator is considered a neutral party.

Who is Not a Good Fit For Mediation?

Partners with a significant imbalance of power may not be suitable for mediation. The dominant partner will likely bully the partner into agreeing to uncomfortable terms. Other couples that would not be a good fit include those that experience ongoing domestic violence. Mediation will not be viable if there is a worry that the other spouse will get aggressive. Instead, they would have to turn toward the traditional divorce process.

Who is a Good Fit For Mediation?

Mediation is a good fit for couples who want to find a peaceful and private solution to their disputes. A good reason could be because they want their children to grow up in a healthy environment where their parents get along. It could also be because they do not want to spend tens of thousands of dollars fighting their spouse in court.

Some couples who do not get along can also be a good fit for mediation. Remember, there are plenty of mediation styles, so ask what approach your mediator will take before starting the session. If you are looking for a mediation attorney in Arizona, contact ELCV LAW to ask about our various mediation styles for couples.

At ELCV LAW, we understand mediation is not the right option for everyone. For more details on who is a good fit for mediation, contact Erika L. Cossitt Volpiano, P.C., one of the finest mediation lawyers in Arizona. Take control of your future and call us at 520-795-2235 or visit our website at www.elcvlaw.com today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

September 19, 2022in Vicarious Trauma

How Vicarious Trauma Affects the Legal System

Lawyers, judges, and paralegals are all meant to maintain a strong front and help clients through their trauma. But what happens when the trauma of others begins to take a mental and emotional toll on those that represent them? This type of trauma may seem like an odd problem – like a doctor being infected by his patient. However, it is a widespread issue for attorneys and other legal professionals who internalize their client’s trauma. After hearing many tragic stories a day, it’s not a surprise legal professionals would empathize with clients. In fact, most professionals in the legal system tend to suffer from some form of vicarious trauma or compassion fatigue. So how does vicarious trauma affect the legal system? Read on to find out!

What Is Vicarious Trauma?

Vicarious trauma is second-hand trauma that many legal professionals face when defending clients. Professionals affected by vicarious trauma can become more cynical of their world. This effect can cause legal professionals to struggle with existential questions and developmental health issues.

Examples of common mental health issues caused by vicarious trauma include depression, anxiety, and PTSD-like symptoms. Additionally, some professionals will have other adverse reactions to vicarious trauma, such as feeling hopeless, constantly worrying about potential dangers, emotionally numb, or having problems with personal relationships.

Who Is Most Susceptible to Vicarious Trauma?

While anyone working with victims can be at risk of being affected by vicarious trauma, the legal professionals who work in criminal justice and family law tend to be the most affected. These results are because they are more exposed to traumatic stories that would naturally cause them to be empathetic.

Aside from professionals in specific legal fields having a greater possibility of being susceptible to vicarious trauma, personal factors can also make certain people more vulnerable. These factors include:

Having prior traumatic experiences similar to those of the client
Lack of preparation and boundary training
Tendency to withdraw from situations and avoid feelings
Lack of support from coworkers and supervisors
Difficulty expressing emotions

How Does Vicarious Trauma Affect the Legal System?

As vicarious trauma causes legal professionals to have an increasingly hostile point of view and cause mental health issues, more and more professionals are quitting the field.

Vicarious trauma can also lead to other issues, such as excessive drinking to deal with the stress. In fact, in a study by the American Bar Association in 2016, 20.6% of attorneys who participated in the survey indicated a problematic level of drinking. Even more shocking is that 61.15% of the respondents had anxiety, and 45.7% had depression. These statistics show the dire need for mental health reform in legal professions. If the legal system does not change how law professionals are supported, the number of people interested in a law career will likely decrease. In contrast, the number of lawyers who quit due to vicarious trauma will increase.

What Can Be Done About Vicarious Trauma In the Legal System?

Lawyers have recently pushed to recognize how and why legal professionals are at a higher risk for mental health issues. This push has included a call for lawyers and legal professionals to be better trained in dealing with clients who have faced trauma.
Separating oneself can be difficult since each client’s story is unique, and it is hard not to get attached or relate to others. These training sessions help the lawyer empathize from afar without internalizing the client’s suffering. Many law professionals also suggest that fields with high levels of vicarious trauma should provide organizational support to professionals working in this area. Employers are also encouraged to check on their employees and have an open-door policy where they can easily discuss their concerns.

As a Family Law Attorney in Arizona, Erika L. Cossitt Volpiano, P.C. has been part of the legal professionals working to spread awareness of vicarious trauma for many years. She has taught vicarious trauma’s dangers and adverse effects throughout the years in a creative and informative presentation.

Take control of your future and the effects of vicarious trauma. As a family law mediation attorney in Arizona, Erika has firsthand seen the effects of vicarious trauma. Because of this, she teaches other legal professionals what to look for and practices mindful meditation to ease the effects and regain confidence. Contact ELCV LAW today at 520-795-2233. You can also schedule an appointment at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

September 12, 2022in Marital Contracts

How To Save A Marriage – Start With A Marital Contract

How To Save A Marriage - Start With A Marital Contract

When you and your spouse decide to get married, no one intends to have anything tear you apart. However, in the grand scheme of life, many unforeseen issues arise during marriages. No one knows what their life will look like decades into the future. Unfortunately, if not appropriately handled, marital issues can have the power to tear your marriage apart. Luckily, there is a solution to help solidify and even save your marriage: marital contracts. Marital contracts refer to various agreements that you and your spouse enter. These can cover things like cohabitation, asset division, and more. Even though marital contracts are recommended before you say “I do,” you can have one produced at any time during your marriage. Many people think marital contracts are only for the super-wealthy and those who have had many prior marriages. However, marital contracts are actually perfect for saving your marriage. This post dives into what marital contracts are, when they can be signed, and how they can save a marriage.

What is a Marital Contract?

Broadly, a marital contract refers to any agreement that you and your spouse come to surrounding your marriage. These contracts can come in many forms, including cohabitation agreements, prenuptial agreements, and more. Most often, these agreements revolve around who will get what if that marriage is to end. Marriage contracts help foster clear communication in a marriage, even if nothing ever comes up to tear your marriage apart.

When can you Sign a Marital Contract?

Marital contracts are an excellent option for preserving your marriage because they can be signed before and during your marriage to your spouse. Premarital or prenuptial agreements are agreements made between spouses that will become effective once marriage occurs. Both parties must sign these. Generally, prenuptial agreements cover things like property rights and obligations. Prenup agreements usually seek to protect what will happen to these assets if separation, death, or divorce occurs. In addition, premarital agreements can include provisions for making wills, trusts, or other arrangements. Basically, pretty much anything that a couple could conceivably fight about during a marriage can be pre-decided in a prenuptial agreement. Even deciding whom the pets will go to in a cohabitation agreement if a separation occurs can be determined. A postnuptial agreement can be signed after you and your spouse is already married. These contracts are used to either establish agreements or change those initially established under a prenuptial agreement.

How can Marital Contracts Save a Marriage?

Many people wrongly assume that entering a marital contract means you and your spouse anticipate separating. In reality, this couldn’t be further from the truth. Marital agreements have the power to save a marriage by providing solutions to common issues that couples fight about before they even begin.

Marital agreements foster clear and precise communication among spouses. This type of clear communication at the start of a joint-venture can lead to a long and happy marriage where both sides feel no pressure.

Postnuptial agreements are often perfect for saving a marriage. When new assets are acquired, arguing about who owns what in a marriage is natural. Using a postnuptial agreement can allow you and your spouse to legally decide who retains ownership of pets and other things. This contract also allows many arguments about money and other assets are put to rest.

Family Law in Tucson

All in all, a marital contract of any type can help you and your spouse remains in a healthy marriage. In order to enter into a marital agreement, you need a team of professionals to help. If this sounds like something you need, consider using ELCV LAW, a Family Law Attorney in Tucson that provides Marital Contracts and Mediation Services.

If you need a Family Law Attorney or Mediator in Tucson, Arizona, don’t hesitate to get in touch with ELCV LAW by filling out a request form at www.elcvlaw.com or call us at 520-795-2235. Take control of your future to learn how you can benefit from a prenuptial agreement. Contact Erika L. Cossitt Volpiano, P.C. for a consultation, today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

September 5, 2022in Mediation

Why is Mediation Important to Any Relationship?

Disputes of any kind can often lead to broken relationships and hard feelings, especially true when it comes to a divorce. Divorces tend to result from problems in the marriage, and there is often lots of fighting in the household leading up to the divorce. Having a court battle over assets and money to get a divorce can perpetuate these feelings of anger, frustration, and uncertainty about what is to come.

Divorces are not only hard on the spouses who are getting divorced, but they can also be hard on children and extended family. That is why mediation is the best way to ensure the least emotional damage and trauma resulting from a divorce.

Read on to learn how mediation can benefit relationships within a family.

How Can Mediation Preserve Your Relationship with Your Spouse?

Less Fighting

Before a divorce, there is usually plenty of fighting. An impartial professional family law attorney will help direct the process, so there is less fighting during the division of money and assets. When you go to court to get a divorce, you both have to hire your own attorney to fight for what you want with little regard for the other person. Mediation can help preserve your relationship by easing uncertainty and anxiety. Although mediation can’t solve your current relationship, it can help end your relationship with less fighting.

Improve Communication

Experiencing a mediation process together can benefit your relationship with your spouse after the divorce. It may be difficult, but you will both need to set your differences aside and work together to find a resolution. During this process, you will need to listen to one another and keep an open mind about how the mediation might go. The common goal of finding a solution peacefully between the two of you can be critical to mending your past differences. Mediation can also help improve your communications in the future as a divorced couple. You will need to treat each other with respect and civility while in a mediation session, which can set a precedent for future conversations. Improved communication will also help you co-parent.

How is Mediation Better For Your Relationship With Your Children?

Less Hostility At Home

Divorces are almost always hard on children. However, mediation will be better for your relationship with your children since there will be less fighting in the home. When you are in the process of getting divorced, there is a time when you will still live with your spouse and children. There can be lots of tension at home during this time, which can strain your whole family. Hostility in your home can confuse children, and they may end up resentful. Lessening the anger and fighting within the home with divorce mediation can improve relationships with your children since they can see their parents as civilized and end the relationship amicably. In addition, you will be able to model common courtesy, respect, and civilization for your children.

No Picking Sides

Oftentimes, children get caught in the crossfires of battles with parents considering divorce. It can get messy when you and your spouse go through a court battle. Your children may have to hear you and your spouse argue over who gets custody of them or other complex subjects. They also might start to pick up on your attitudes and anger towards one of you at home. As a result, they may begin to pick sides and hate one of you, causing further division amongst your family and can lead to unhealthy relationships. Mediation is better for your family since it will show your children that you and your spouse can get along even though you may be getting a divorce. That way, they won’t feel the need to defend one parent over the other or pick sides.

We understand that divorce is hard for any family, but knowing that you can mitigate some of the trauma with divorce mediation is essential. Divorce mediation in Arizona will allow you and your spouse to split in the most amicable way possible, making it easier for everyone in the family. Visit our website www.elcvlaw.com to discuss how mediation could help your family through a divorce. If you are looking for a family law mediator in Tucson, Erika L. Cossitt Volpiano is one of the best mediation attorneys in the industry. With over 30 years of experience, ELCV LAW is considered highly skilled among divorce mediators in Arizona.

Take control of your future. Call us at 520-795-2235 to set an appointment today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

August 29, 2022in Mediation

What is Mediation?

Divorce is a significant and traumatic process that is difficult for everyone involved. There are several standard processes you can go through to get a divorce. These processes include spending lots of time and money hiring lawyers, fighting out all the details in court, sitting at a stalemate using a do-it-yourself online divorce, or deciding agreed-upon terms through divorce mediation.

Mediation is generally considered the better alternative for an amicable divorce. However, every situation is different, so deciding what process best fits your needs is essential. A successful mediation also depends on the divorce attorney’s ability to navigate the process successfully.

What is Divorce Mediation?

Divorce mediation is a process that allows both parties to create a settlement agreement. In a mediation, issues such as what happens to owned property, money, child support, and custody of children after the divorce are decided. This process takes place in a private setting, unlike getting divorced in a courtroom. In a mediation, the clients can have more control over the outcome of their divorce. The reason is that they can agree on their own rather than having a judge decide how to split their assets. Mediations also tend to be more civilized since a professional mediation attorney is present who acts as a neutral party. A successful divorce mediator will help both parties walk away feeling optimistic about their divorce settlement.

What Is Needed For A Successful Mediation?

Successful divorce mediation is when both parties can find a fair solution to all family law issues. Both parties must agree to mediate. Each person should be open to possibilities and try to leave ill feelings or negative emotions towards each other. Mediation is a voluntary process, so being willing to listen to one another is integral to success. Spouses must be able to set differences aside for the time. Successful mediations also need an impartial mediator who will facilitate the process without choosing sides. They will lead the discussion to cover all legal matters that must be dealt with in a divorce. Finding the best and most experienced divorce attorney to conduct the mediation is an integral part of the process. Make sure you choose the best local divorce attorney who understands the area’s laws. For example, if you live in Tucson, Arizona, you would want to find the best family law mediator in Tucson. Finding a lawyer in your local area is essential since they will know the laws and customs of your specific location. This can help you avoid making mistakes in your mediation.

What Should You Expect From Divorce Mediation?

Divorce mediation can be initially intimidating, but good divorce mediators in Arizona simply look to help you and your soon-to-be ex-spouse move on with your lives. While you should expect to be in charge of the discussion and ultimately make the final decisions, a mediator should help guide structured talks. They will expect you to be willing to discuss all of your finances and assets to make sure both parties get a fair deal. Since divorce can often bring up many emotions and hard feelings towards one another, a good mediator will also remain impartial and make sure the discussion stays on topic and professional. A mediator should redirect the conversation if a spouse gets overly aggressive or the meeting gets off-topic.

Where to Find A Family Law Attorney Near Tucson, Arizona

Feeling stressed, overwhelmed, and uncertain about what will come from your divorce is normal. However, professional mediation can make the process easier and more amicable for you, your ex-spouse, and your children. In addition, mediation removes unnecessary stress and fighting by allowing both parties to form their agreements privately.

Attorney Erika L. Cossitt Volpiano is an expert in Family Law and one of the best family law attorneys in Tucson, Arizona. Her experience has allowed her to perfect the art of helping others communicate clearly and come to agreeable terms. Contact us today if you are looking for a family law mediation attorney in Arizona or are interested in learning more about mediation.

Take control of your future. Visit our website elcvlaw.com, or call us at 520-795-2235 to set an appointment today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and we suggest you seek legal counsel if you need assistance in any of these areas.

A red and black background with the words " 5 reasons why i should consider mediation ".

August 22, 2022in Mediation

Five Reasons Why You Should Consider Mediation

Mediation can help you avoid the stress of going through a trial.

Mediation is a process of resolving disputes through discussion and negotiation with the help of an impartial third party. It can be used for any dispute, whether it’s about money, property, custody, or other family law issues. The mediator does not make decisions but facilitates discussions that lead to agreements. Mediation has many benefits, including saving time and money. You don’t need to go through court hearings, trials, or hiring attorneys.

This blog post will discuss the benefits of divorce mediation in Arizona, how it works, and whether it is right for you.

Mediation is a less expensive and more private alternative to going to court.

How do you handle a disagreement with your spouse or partner? Do you go to court and employ a lawyer, or is there an alternative solution? First, let’s look at some stats: on average, couples will spend $15-50K on their divorce proceedings. Mediation can cost less than half that amount and often provides a private setting where no one else will know about your personal information. At first glance, it might seem like mediation won’t work because both parties have different ideas about what they want from their marriage. Still, in reality, mediators are trained professionals who understand how to navigate and negotiate a mutually beneficial outcome.

Mediation is a less expensive and more private alternative to going to court. If you consider this option, it can help to know what mediation entails before making your decision.

It's easier on children

Mediation might be the best option for your family if you have children! Mediation is a process that can help families resolve disputes easier for children. This process is especially true when parents are splitting up because it allows them to work together for their child’s best interests.

In a divorce, there are many difficult decisions to make. One of those is how you will handle custody of your children. Many parents believe that litigation and court proceedings are the only way to resolve this issue. However, mediation may be a better option for everyone involved in the situation – especially your children. When it comes time for couples to choose between going through a mediated or litigated divorce, they have two very different options before them. One can be more beneficial than the other depending on their unique circumstances and desires for their future lives together after divorce. While both options ultimately lead to a divorce being finalized by a judge or other legal official, mediating divorces rather than litigating can be better for all concerned.

Mediation is easier on children as they don’t have to sit through a tense courtroom proceeding that could last hours or days while everyone argues about who gets custody of them and other issues related to their lives post-divorce.

The outcome of mediation is confidential.

Mediation is a confidential process that requires the parties to reach an agreement without the help of a judge. Whether it be an agreement or not, the outcome remains private. The mediator can only share information with each party separately and may not disclose any specific details discussed during mediation. However, suppose mediation does not work out. In that case, the mediator will help you prepare for litigation by providing summary information discussed during mediation sessions and how this may affect your trial strategy. If you consider this option for resolving your divorce issues, look for a family law attorney experienced in the mediation process.

The mediator's goal is not to win or lose but rather to help both parties reach an amicable settlement.

The mediation process is less adversarial than litigation, and the mediator will work toward that end. The mediator’s goal is not to win or lose but to help both parties reach an agreement. In divorce mediation, the mediator may suggest that one party speak first before the other. Couples with marital issues can use mediation to resolve disagreements without going through a lengthy trial.

Four Principles Of Mediation

Mediation is voluntary. Both of you have to want to mediate, and either of you can stop the mediation process at any time.
Mediators are impartial. The mediator does not take sides and is always there for both of you.
Mediation is confidential.
In mediation, the clients are in charge.

You want to look for an experienced mediator who understands and abides by the abovementioned principles. Feel free to ask about them before you make your decision.

We know what it’s like to be in a stressful and challenging family law situation. You may feel overwhelmed by the stress of going through a trial, but we want you to know mediation is an alternative to help make things easier for everyone involved. Mediation not only enables you to avoid the high costs and long wait times associated with trials, but it also provides privacy benefits such as confidentiality which can benefit your children (and their therapist!). Suppose you are looking for Arizona mediation services in Tucson. ELCV LAW has over 30 years of experience helping people get through this arduous process, and we’re here to support you every step of the way. Take control of your future and call us at 520-795-2235, or visit our website www.elcvlaw.com, or fill out an online intake form – ELCVLAW/Intake Form today to discuss how mediation might work for your specific needs.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

August 11, 2022in Mediation

Can a Parent Refuse Mediation?

Most child-related issues can be solved in the most pleasant way possible through mediation. Disputes involving children can often become messy and complex when families split up. Mediation can often provide a more civil alternative whereby families meet outside of court with a licensed neutral mediator who seeks to settle their dispute.

However, as part of a divorce, some spouses who tend to have more control in the relationship can try to use mediation as a tactic against their soon-to-be ex-spouse. This tactic leads some to wonder if a parent can refuse mediation. The simple answer is yes, but it also depends on the circumstances. Mediation is voluntary, meaning both parties must agree to participate before it can begin. However, there are different types of mediation that cannot be refused.

Refusal Depends on the Type of Mediation

Not all mediation is equal. Some mediation is court-ordered, meaning a judge has said that you and your spouse need to engage in some form of mediation. Refusing court-ordered mediation can have severe consequences. If your spouse merely suggests mediation before court proceedings, it can be rejected, but you often need a good reason to refuse mediation.

Can You Refuse Mediation Requested by Your Spouse Before Seeing a Judge?

If your spouse suggests mediation before seeing a judge, then you have every right to refuse it. However, your spouse will almost certainly bring your refusal of mediation before the judge. So, you need to have a good reason for refusing. Otherwise, you may receive sanctions from the court.

What are Acceptable Reasons for a Parent to Refuse Mediation?

There are two generally accepted valid excuses for refusing mediation. As mentioned above, mediation can sometimes be used by one spouse to try and gain the upper hand on the other when seeing a judge may yield a different result.

Spouses who hold significantly more power over assets and shared wealth may suggest mediation as a tactic to bully their ex-partner into an uncomfortable agreement. They hope to gain an advantage on items like child support by forcing you into mediation. In this instance, this spouse knows that going before a judge will likely result in them losing many more assets than they would like.

The same can be said for spouses with a history of domestic violence. Undoubtedly the abused spouse will use this history against the other spouse to prevent children from living with them. In mediation, this violent history may not come up.

If one of these instances applies to you, you should be able to refuse mediation without any consequences. However, if you, as a parent, refuse mediation without a valid reason, you may be sanctioned once the case gets to court.

Can a Parent Refuse Court-Ordered Mediation?

Certain states require all child-custody cases to undergo mandatory mediation before being put before a judge. Refusing to participate in this mediation can have serious consequences.

If you refuse to participate in court-ordered mediation, you open yourself up to contempt of the court. At the bare minimum, your refusal will be used by your spouse’s attorney to show that you are unwilling to negotiate. This refusal can affect how often you may be allowed to see your child. At its worst, contempt of the court can open you up to fines, jail time, or community service.

Mediation Attorney in Tucson, Arizona

In Arizona custody mediation, a parent refusing to participate in the process can bear various consequences depending on why the parent refused it and when mediation was presented as an option. Mediation can be complicated, but when you hire the right mediator specializing in family law and mediation to help you navigate this arduous process. Things can go a lot smoother.

ELCV LAW is an attorney specializing in Family Law in Tucson. Attorney Erika L. Cossitt Volpiano is a meditation expert, ensuring that parents cannot use mediation as a tool against their spouses. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

June 20, 2022in Prenuptial Agreement

Advantages Of A Prenuptial Agreement

Many people wrongly believe that a prenuptial agreement is only necessary for people like movie stars or those who are at threat of being preyed upon by “gold diggers.” In addition, many prospective spouses fear signing a prenuptial agreement is equivalent to signing a “pre-divorce.” However, in reality, all marriages can benefit significantly from prenuptial agreements.

A prenuptial agreement refers to a legal contract that you and your spouse devise before you are married in the eyes of the law. When you become married, the prenup goes into effect. Prenuptial contracts usually cover things like asset division and debt assumption in the event of a divorce or separation.

Here, we will discuss some of the many advantages of entering into a prenuptial agreement with a spouse. We will discuss how prenuptial agreements foster clear communication, prevent worst-case scenarios, and protect you and your spouse’s financial interests.

Prenuptial Agreements Foster Clear Communication

Anyone who has been in a relationship understands the value of clear communication. This communication is particularly true in marriage, where assets are meant to be shared among you and your spouse.

Prenuptial agreements can help couples be open and transparent with each other about exactly what assets they have and which ones they would like to hold onto in the event of a separation. Suppose you and your spouse enter into a prenuptial agreement. In that case, you are legally obligated to inform the other of any debts or other negative things you may be liable to assume.

In this way, a prenuptial agreement can give both parties the peace of mind that they truly know and are protected from any and all liabilities that their spouse may carry. These agreements also help ensure a better relationship because there is no ambiguity which happens to be one of the biggest reasons for a dissolution of a marriage.

A Prenuptial Contract can Prevent a Worst Case Scenario

No one wants to assume that something horrible will happen between you and your spouse. But, especially in something as important and potentially life-changing as a marriage, the phrase “better safe than sorry” rings true.

If you are the spouse who makes the majority of income and/or holds the majority of assets in your marriage, a prenup can ensure you are both protected from a worst-case scenario. For example, it can prevent your partner from leaving and staking claim to some portion of your life’s work.

On the other hand, if you are the spouse who does not hold most of the assets and looks to your partner for financial support, a prenup can actually be used to ensure that in the event of a separation, you won’t be left out to dry. Prenups can specify how much or how little one partner must provide to the other in the event of a separation, giving you peace of mind in your marriage.

If the worst-case scenario of a spouse passing away occurs, prenuptial agreements can even be used for things like power of attorney and the right to write and execute wills. This means that if you or your spouse’s death results in the nullification of your marriage, a prenuptial agreement can still be used to protect your family.

Prenuptial Agreements Protect Financial Interests

Most importantly and most often, prenuptial agreements can help you protect your financial interests. In today’s world of side-hustles and complicated asset packages, a prenup can ensure that your financial status won’t be compromised in the event of a separation.

A premarital agreement can protect things like the inheritance rights of your descendants from a previous marriage. In addition, if you own a business, divorce law in some states might force you to give part of that business to your partner suddenly. A prenuptial agreement can resolve this.

Furthermore, if one partner has significant debt, a prenuptial contract can ensure that you won’t be liable for their many obligations in the event of something like that person’s passing.

Prenuptial Attorney in Tucson

ELCV Law has provided Mediation and Family Law in Tucson to thousands of spouses. In order to enact and reap the benefits of a prenuptial agreement, you need a qualified team of professionals to help you draft and submit your agreement. This is where ELCV Law can help.

If you need a Family Law Attorney or Mediator in Tucson, Arizona, don’t hesitate to contact ELCV LAW by filling out a request form at www.elcvlaw.com or call us at 520-795-2235. Take control of your future, and learn how you can benefit from a prenuptial agreement. Contact Erika L. Cossitt Volpiano, P.C. for a consultation, today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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3. Framing/Problem Identification Stage

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5. Settlement Stage

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Can a Parent Refuse Mediation?

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What are Acceptable Reasons for a Parent to Refuse Mediation?

Can a Parent Refuse Court-Ordered Mediation?

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