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When your mediation goes wrong and what to do next in your divorce, custody or property negotiations

When your mediation goes wrong and what to do next in your divorce, custody or property negotiations

FromThe Divorce Course Podcast


When your mediation goes wrong and what to do next in your divorce, custody or property negotiations

FromThe Divorce Course Podcast

ratings:
Length:
39 minutes
Released:
Nov 14, 2023
Format:
Podcast episode

Description

Are you feeling drained and defeated the aftermath of a failed mediation or family dispute resolution? Listen to this episode to gain essential insights to guide you through the challenges that follow a family law mediation gone wrong. Key Takeaways:         Demolishing Arguments: CIA-Level Investigation Discover the importance of scrutinising your ex-partner's arguments post-mediation. Lynette reveals her method of creating a list of objections and systematically demolishing them with solid evidence. Offer Tactics: Leveraging Section 117C Delve into the world of post-mediation offers. Learn about crafting a compelling offer under Section 117C with your lawyer and strategically using it to your advantage. Ratcheting Towards Resolution: A Step-by-Step Approach Learn about the ratchet approach—locking in agreements on smaller issues before progressing, ensuring tangible progress and minimising the risk of endless circling. Children and Property Negotiations: Juggling Two at Once Gain insights into whether it's practical to address children and property matters simultaneously in mediation, considering the nuances of each case. Empower Yourself: Bolster Your Case with Evidence: Lynette emphasises the importance of gathering evidence to support your claims, offering examples of creative ways to prove your position. Stay Resilient Against Narcissistic Tactics: Strategies for dealing with narcissistic ex-partners who thrive on dragging out the process. Decode the Nights' Dilemma: let us shed light on the unspoken cues lawyers often use and offers a candid perspective on what judges may think. Please remember that this podcast offers general education and is not a substitute for legal advice. Always seek independent legal counsel, as each situation is unique. Don’t miss out on hearing the answers to the following questions What if they won't sign anything during mediation? Is it advisable to bring up concerns about the mediation process if it's not working? Can a mediator help narrow down the issues that need to be decided in court? Should children's and property matters be dealt with in the same mediation session? How does a mediator handle cases where both parents want equal time with the children? Is it common for people to focus on children first in mediation, and is it related to financial considerations? How do judges view claims of spending time with children, especially when it's seemingly motivated by financial considerations? Is there a way to address the issue when someone appears to be using children for financial gain in court? How can you prevent a situation where an agreement reached in mediation is later changed by one party? What steps can be taken to stop a change of mind after reaching a settlement in mediation? How can you deal with the emotional aspect of a failed mediation, especially if you feel like you've failed? What should you do if you feel pressured or bullied during mediation? How can you handle an avoidant person in mediation, and what steps can be taken afterward? Is it common for people to feel like a failure after a failed mediation, and how can they overcome that feeling? What is the significance of the 117C reference in the context of mediation? How do you handle a failed mediation with an amicable person? How do you deal with high-conflict personalities in mediation? Is it worth it to give in to certain demands from a high-conflict person to reach an agreement? How does the emotional aspect differ in children's mediation compared to property mediation? Are there specific challenges or considerations in children's mediation that people should be aware of? How do people's mindsets change when it comes to negotiating child custody arrangements in mediation? Is there a change in mindset with the presumption of equal shared care, and how is the law evolving in this regard? What are the potential consequences if a mediation pr
Released:
Nov 14, 2023
Format:
Podcast episode

Titles in the series (100)

This Mother and Daughter duo discuss and cover the legal stages and steps that you will face on your way to freedom through divorce. These are practical and real discussions with Lyn Galvin a family lawyer of 35 years experience and her daughter Laura a divorced mother of three. Laura helps turn her mother's lawyer jargon into something everyone will understand. Lyn shares all her tips and practical advice on separating. Through this podcast they aim to help you through your Australian divorce or de-facto separation to make it more cost effective and less stressful. instagram @thedivorcecourse