Resolving disputes among family business owners presents unique challenges not present in ordinary commercial disputes. First, an analysis of the family business as a distinct concept; second, how the courts deal with family and small business disputes (often in the context of a demand for dissolution by a minority owner because of alleged unfairness by the majority).
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Marital Mediation is a growing area of Family Mediation designed to help couples stay married; Marital Mediation is useful for couples who want to stay married, or if not married, to stay living together. The process begins by helping couples identify their common commitment to their union and then responds in a flexible manner, depending on their issues and the approach and training of the mediator. Marital Mediation uses mediation techniques to open and improve lines of communication, helps couples address areas of friction in their relationship and develop “guidelines” that focus on the behavioral changes each person will make in order to lessen future conflict. The process varies with the mediator, depending on factors such as personal style and prior training,
These professional disciplines complement one another and differ in several respects. We find some couples coming to us after years of couple’s therapy, wanting the Marital Mediation emphasis on practical focus, settlement of one or more specific issues, and behavioral change, or even new legal terms for their marriage. Couples sometimes prefer Marital Mediation simply because it is not therapy and in particular not to be labeled as “therapy.” Marital Mediation uses mediation techniques and takes a specific form of intervention that is not the same as couples therapy or marriage counseling. He who says, “I don’t need therapy” may be interested in Marital Mediation to define, for example, the basic terms of divorce if they ever decided to get a divorce, thereby removing that specter of doom hanging over their tenuous marriage.
Divorce mediation has many similarities with the Marital Mediation process in terms of basic mediation techniques, but there are major differences as well. In divorce mediation couples produce a signed Separation Agreement defining their terms and then usually file it in court for approval. Their agreement and even the mediation process that helped them produce it, is fraught with adversarial elements. Marital Mediation clients are very different: the whole force is centripetal to pull together. These people are here to work on staying together. They may not know they can agree to stay married until the mediator points that out.
Gishoor LLC Helps a couple decide whether or not to enter into a marital agreement. If they decide to do so, the second purpose is to assist them in creating the terms of their marital agreement. The goal is to customize an agreement that meets the needs of each partner and is congruent with their shared values and ideals.
At the same time that they are making a full commitment to being together for the remainder of their lives, they are entertaining the possibility of signing what could become a divorce agreement.
The process promotes mutual understanding and focuses on mutual benefits, which, in turn, reduces the chances of creating misunderstanding and distrust.
We believe that:
Everyone should be given the best opportunity possible to explore whether they can resolve their family or civil disputes co-operatively.
Mediators have the responsibility to provide a service that is professional and creative enough to provide that opportunity.
It is likely to be cheaper and quicker, to preserve family or business relationships.
Mediators must be able to provide a variety of services to meet ever more complex family and commercial legal disputes.
Mediation is considered most suitable for resolving family conflicts and divorce proceedings. These conflicts involve intense emotional and psychological charge that affect the frail family unit, and thus Mediation maintains the importance of continuing the relationship even after divorce, especially where children are also involved.
Family Mediation can:
Cases in which family Mediation can be applied:
Our mission in the family field:
We are committed to helping people whose marriage or partnership relationships are ending, to explore healthy resolutions.
To provide information when people are faced with questions about dividing property, issues of monetary support, custody and co-parenting.
To help people to craft agreements for themselves.
To assist participants in developing parenting plan that is specific to their family and sensitive to the actual needs of minors.
To help parents learn to move beyond conflict, to develop cooperative co-parenting skills, and to minimize the negative effects of divorce on their children. We want to empower people in this journey.
To develop confidence and to encourage self-determination, educate‚ empower‚ and support our divorcing clients and their children as they navigate and endure the financial and emotional problems, challenges and lifestyle changes that are a part of every divorce.
To ensure that our divorcing clients and their children remain financially secure and emotionally healthy during and after their divorce.
To provide the highest quality professional Divorce Mediation services and ensure that our clients are given accurate, reliable information to assist them in making sensible‚ well informed decisions that will help them successfully divorce and go on to live fulfilling, rewarding, productive lives in the future.
To provide sensitive and professional assistance to families in dispute.
To help people to resolve disputes civilly, especially in the context of separation and divorce and in family business disputes.
The philosophy of Mediation maintains that people have the ability to resolve conflicts on their own and reach agreements on disputable issues between them by communication. During the Mediation process, the conflict between the parties involved is settled according to the specific needs of the parties, unlike the legal proceeding which attempts to resolve conflicts by laws, regulations, and judgments.
Heretofore, conflicts could be resolved in court. The solutions enforced by the judge usually left one party, or both of them, dissatisfied, ended their relationship and were financially inefficient. It enforced rigorous legal principles on them, has high costs, was extended, and sometimes was not respected by the "losing" party.
In addition, the resolution remained at the hands of a third party and was expropriated from the involved parties themselves.
The judiciary process causes escalation, tension, stress and an increase in confrontations between the parties, while the main goal is to “achieve as much as possible” at the party’s expense.
Mediation offers an alternative to dissolve any kind of relationship conflicts and disputes using a professional, skilled third party – the mediator – who helps each party understand their motives, wishes, and needs in the conflict in hand.
Mediation is problem resolution proceeding by cooperation, and it is aimed at reaching an agreement. Its purpose is re-establishing communication between the parties that will eventually lead them to resolve the conflict on their own while maintaining, and even improving, their over-all relationship. In the framework of the proceeding, both parties work together to find a common solution that will serve their ends optimally. This solution results from the needs of both parties.
Mediation is a voluntary process conducted with the parties' consent by the aid of a third party. The mediator is elected as an impartial agent whose role is to lead the parties, through negotiation, to an arrangement they make on their own.
It emphasizes cooperation between the parties, mutuality, reaching understandings, mutual understanding and consideration.
It is regarded as reducing hostility between the parties, the desire for revenge, frustration, angers, enmities and grudges accumulated in many years of joint life.
Results are measured not only in achieving the agreement itself but in life afterwards: the cooperation, mutual commitment to the other partner, commitment to the agreement and the sense of relaxation and stability.
Major motives for using Divorce Mediation -
- Avoiding high advocate fees and expensive legal procedure, saving money.
- Ending marriage with minimum hostility.
- Maintaining a normal relationship with the ex-spouse.
- Controlling the process.
- Reaching an agreement both parties accept and are satisfied with.
People often find that they don't want to use litigation to resolve their family disputes because the adversarial structure could easily escalate conflict,
and they don't want to rely on lawyers, because of the expense and because they are afraid that lawyers might stimulate new conflict or exercise too much control of their personal matters. In addition, most people are likely to feel increasing financial limits on what they are willing and able to invest in family law dispute resolution.
Mediation reduces the parties' bitterness toward each other, and lead to an agreement that will ensure the continual affinity and contact of the children with their parents.
Comprehensive divorce Mediation helps the couple to solve financial problems (property, alimony, child support) and custody integrally.
The number of the meetings is depending on the extent and complexity of the issues to be resolved, intensity of conflict between the spouses, their motivation, their will to work out a solution, and the professional experience of the mediator.
Studies show that couples who took the Mediation proceeding were more pleased with the results and consequences of the divorce compared to those who used the justice system.
All efforts must be made so the dissolution proceeding will cause as little damages as possible to the parties and those surrounding them, both financial and mental (stress, depression, anxiety, anger, frustration).
Couples who wish to separate but haven't decided on divorce can avoid financial chaos by Mediation and temporary agreement.
They can also work out a parental plan intended to minimize the tension with their children. Such an agreement can be reached and drafted within one to three meetings.
Even after divorce, Mediation can be taken for various reasons: changing custody, the changing and developing needs of the children and significant changes of circumstances in the life of the parent, such as moving or second marriage.
Moreover, mediators often encourage parents to develop an effective parenting relationship, regardless of any negative feelings that they have for each other, so that they can cooperate about parenting issues that will arise over the years.