Virginia Divorce Mediation Child Custody
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Virginia Divorce via Mediation
Prior to the first mediation session, the parties to the mediation will have the benefit of an orientation. If the mediation is ordered by the Court, the orientation is the only mandatory part of the mediation, otherwise, mediation, even when ordered by the Court is absolutely voluntary. The orientation may be scheduled to take place on its own, or it may take place on the same day, and just prior to the first scheduled mediation session. After the orientation, the parties decide whether or not they would like to continue with mediation.
During the orientation, the mediator and the parties will set the stage for the mediation sessions. Preliminary items will be addressed, including introductions, accommodations, and an explanation of the mediator's style and obligation to maintain a safe, secure and productive environment.
The parties will learn about the mediation process. During the sessions, the parties are afforded equal opportunities to present and discuss information. While the mediator will facilitate the parties' brainstorming, the mediator leaves the generation of ideas to the parties. Both parties will be present at each mediation session. However, there may be times during the mediation when the mediator may want to have separate sessions with each party; the mediator may refer to these separate sessions as "caucuses".
The mediator will discuss in detail the rules and limits of confidentiality as it relates to mediation. The mediator will also allow the parties to set ground rules for the mediation sessions. The parties will learn that interim agreements may be reduced to writing, and once the parties resolve their conflict, their agreement will be memorialized in a Memorandum of Understanding.
Following this orientation, the parties will execute the Mediation Consent form to move on to the mediation sessions.
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If you’re going through a divorce, then yes, you definitely should get a lawyer.
not sure of legal side but in an interest level i say fight for custody!! a ten year doesnt always know what they want and only you can know if she is mature enough to know! howveer if she appears happy then why not let her stay!!
if she was unhappy with you she’d say so like she did before!! she seems honest and seems to also have a great life with you!!
please go to a lawyr and even get your daugther assessed (psychologis can determine if shes mature enough to make own choice about this!_ to see whether her choice woudl stand up in court!
good luck
Have you retained a mediator yet? If not, you and your soon to be ex (“STBX”) need to locate and retain a mediator. Get the mediation started and request a brief letter or memo from the mediator advising the Court you and your STBX have begun the mediation process, but it is not yet complete.
Second, you will then need to coordinate new dates (which fit into the 60 day time limit) with your STBX. Pick out a few dates as LA Superior Courts are understaffed and over extended on cases.
Third, if your case has been assigned to a specific department, contact the department and request to speak to the Clerk. Advise the Clerk that Court ordered mediation has not yet been completed and the parties agree the Court date should be continued. Ask the Clerk if any of the dates you and your STBX have chosen are available for the continuance. Often, you will need to go with what the Court has available, but one of the dates you coordinate may work.
Fourth, ask the Clerk where to fax or send the confirming letter regarding the continued Court date. You will want to do this as a CYA (cover your a**) in case your STBX shows up on the assigned Court date. You can also enclose the letter/memo from the mediator indicating you are in the process of “financial mediation” thereby conforming to the Court order.
Finally, as an aside, as an attorney mediator, I have not heard of “financial mediation” and would surmise this means the Judge wants you and your STBX to work out who is going to be responsible for what debts and who gets which assets. Since you have indicated you are utilizing the services of a paralegal, I would attempt to find an attorney mediator who can assist you with the full completion of your divorce. You will reap the benefits of his/her legal acumen and not have to deal with the Court process on your own. Mediation is a wonderful process for divorce and can save a great deal of frustration and fees.
Best of luck to you and your STBX!