Archives for July 2023

Divorce Mediation Success Rate

According to a recent article published by mediate.com, divorce mediation has an 80% success rate for resolving divorces amicably. Many California couples find that they can use divorce mediation to end the marriage more amicably and faster than battling through the litigation process. This article explores the purpose and benefits of mediation as well as the factors influencing the success of mediation with information sourced from mediate.com.  

The purpose of mediation. 

  • Mediation is voluntary. 
  • Mediation encourages open communication and compromise.
  • The mediator is a neutral third party whose goal is to facilitate a resolution that is acceptable to both parties. 
  • The mediator can give parties unbiased opinions about the strengths and weaknesses of their legal arguments. 
  • The mediator is typically very experienced and can suggest various options to questions involving custody and/or property division.

 Factors influencing success of mediation. 

  • The presence of a neutral mediator balances power and facilitates productive discussions. 
  • The voluntary nature of mediation encourages commitment to finding solutions that work for both parties.
  • The flexibility of mediation allows couples to address concerns and options that are unique to their family and circumstances, which would be more customized than the solutions a court would generally impose. 

 

 Benefits of mediation. 

  • Cost-effectiveness.
  • Speed.
  • A healthier, more constructive transition to post-divorce life.
  • Promotes amicable resolutions, which can help reduce the stress and anxiety of children caught in the divorce process. 
  • Creativity in solution finding is much easier through mediation.

Contact an Experienced Divorce Attorney

The statistics show that mediation can be an effective tool for divorcing couples, and having a knowledgeable and experienced attorney by your side during the mediation process can further facilitate the success of the process.  At the Law Office of David Knecht, we have extensive experience with divorce all other family law matters. Contact us at 707-451-4502. 



Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer

Estate Planning For Parents with Care-giver Children

According to an article published by allabouttheelderly.com, approximately 17% of adult children provide care for an elderly parent at some point in their lives. The article further projects that by 2060, the population of people over 65 in the United States will have doubled. 

With these statistics in mind, you may want to consider in your estate planning the possibility of an adult child being your caregiver in the future, the ramifications of the possibility for your asset distribution, and the ways you can plan ahead to promote family harmony in various future scenarios. This article will explore a few of the questions that you can consider with ideas drawn from an article published on yahoo.com.

Preparing for the possibility that an adult child would be caring for a parent in the parent’s home. 

  • How long after death does the child have the right to live in the home?
  • Do you want to give the child a greater share of the assets after you die to compensate the child for their extra effort in your care?
  • Does your estate plan empower the child you plan to care for you to make decisions on your behalf?
  • What protections are in place to protect the adult child from fatigue, which in some cases can lead to elder abuse?

If the child or children are unwilling or unable to care for the parent. 

  • If you are planning on care from family members in the future, do you have a back-up plan in case they are unable or unwilling to care for you?
  • Is there a care facility or nursing home that you prefer that you want to designate as the care facility for when you are incapable of making decisions for yourself?

 Communicating estate planning to your family members. 

  • Communicating with family members about your and their preferences for the future can be as important as setting up the documents because you can get the support of family members in advance and resolve concerns or arguments while you are alive and well.
  • There are many tools available for estate planning and talking through the various choices with your family members can help you choose the right tools for your specific situation.

Contact an Experienced Estate Planning Attorney

The uncertainty of the future can invoke anxiety and fear, but estate planning can help give you peace of mind. When you create the right plan for you and your loved ones, then you can have the confidence to know that you are prepared for all possibilities. At the Law Office of David Knecht, we have extensive with estate planning and enjoy helping people gain the peace and confidence that comes from a properly drafted and personally customized estate plan. Please contact us at 707-451-4502. 

Filed Under: Estate Planning

Tips for a Successful California Divorce Mediation

Abraham Lincoln’s famously advised: “A good settlement is better than a good lawsuit.” 

If you are anticipating divorce mediation, you are likely in agreement with Abraham Lincoln and want a good settlement, but you may be wondering how to make it effective and successful. This article will explore tips for a successful California divorce mediation with ideas summarized from an article published at ADRTimes.com. 

Build a deal, not a battle. 

  • In a fight, the goal is to win. In a mediation, the goal is resolution.
  • Your focus in mediation is to find solutions that benefit both parties. 
  • Try to see the other party’s point of view to open your mind to options that are good for everyone.

Focus on interests. 

  • An interest is a “want,” and a “position” is one way to satisfy a want. 
  • Focus on an interest, not a position. 
  • For example, both parties will likely have an interest in substantial and meaningful time with the children, but a position might be something like a specific parent time plan. 
  • Thinking outside the box of a specific plan with the goal of promoting the position of both parents needing time with their children will help everyone think outside the box and perhaps find a creative solution. 

 Be a patient problem solver. 

  • Many of the best ideas come later in the process. 
  • Initially, brainstorming as a problem solver where no idea is rejected or criticized is a way to build toward better ideas.
  • After many options have been identified, then the parties can evaluate them.

Work past the anger. 

  • At some point in the process, you will realize that you will not be getting everything you want and so will the other party. 
  • This is normal. A compromise is by its very nature not a win on all fronts. 
  • Some parties when their anger or frustration begins to rise want to cancel the mediation, but when both parties have reached this stage, it is often a sign that a compromise is close.

Be patient. 

  • Mediation involves change. 
  • It takes time for each side to understand or respect the interest of the other party. 
  • Often one or both parties come into the mediation with unrealistic expectations. 
  • Be patient to allow time for these changes to occur. 
  • Be willing to end the mediation without a final resolution but with an agreement to think through some of the ideas and work toward solutions in the future. 

Contact an Experienced California Divorce Attorney

You need an attorney to represent you who is confident in the mediation side of the divorce process as well as the litigation side so that you can reap the maximum benefit from every aspect of a divorce that is successful for you and your children. At the Law Office of David Knecht, we have extensive with divorce litigation and divorce mediation and we take pride in representing our clients with experience. We understand that divorce can be very challenging, and we are eager to help you feel confident as you navigate this difficult change in your life. Please contact us at 707-451-4502. 



Filed Under: Divorce Advice