Articles-Cases & More
Resolving Conflict. Creating Agreement
Spousal Support— Do You Get It?
Spousal Support, which is money paid from one spouse to the other after separation or divorce, is not a given. There are several factors that must be considered to determine whether you receive support. Though the amount of Spousal Support to be received is often based on the Spousal Support Advisory Guidelines (SSAG), which is NOT law, the amount of spousal support can be negotiated and resolved by the parties in mediation.
Why Negotiations Breakdown During Mediation and What to do About it.
Negotiation breakdowns can occur for various reasons, and understanding these causes is key to preventing or resolving them. Here are some common causes and what to do about it.
Key Tips when Preparing for Mediation
Preparing for your mediation is essential for successful outcomes and agreement. Follow some of these key tips to help you achieve success: maintain an open mind, identify your priorities, ask thoughtful questions, and address challenges respectfully. Stay calm and focused to facilitate understanding and resolution.
Property Division: What You Need to Know
The division of family property need not be a confusing and contentious issue. Whether you are married or in an adult interdependent partnership, you typically accumulate assets over the duration of the time you are together. You may also have intermingled debts and loans. When the relationship ends, it is important to divide these assets and liabilities fairly.
Couples (married or in an adult interdependent relationship) can create their own property settlement agreement instead of going to court. However, it is very common for couples to have disputes over property division and be unable to reach a mutually acceptable agreement on their own.
7 Key Reasons Not to Rush to Solutions during Mediation
Patience is key in Mediation: Why Rushing to Solutions Can Be Counterproductive
Mediation is a strategic process that requires patience, preparation, and a willingness to compromise. When parties come to the table, they bring a lot with them - their emotions, histories, expectations, positions, etc. Rushing to solutions can undermine the mediation process, leading to less sustainable agreements or even complete breakdowns in negotiations.
Child support—What is It & How is it Determined?
Why do I have to pay child support?
How long does child support last?
How is income determined for calculating child support?
When might a financial professional be required?
What else may be considered when calculating income?
What is undue hardship?
How are section 3 and section 7 (special) benefits determined?
Mediation vs. Litigation vs. Arbitration
When conflicts or disagreements escalate, our first impulse is often to think "I want to sue!" This knee-jerk reaction is fueled by anger and hurt, making the idea of having a rational discussion with the other party seem unfathomable in the heat of the moment.
What's more, many people may not even be aware of the option of mediation, a highly effective method for resolving disputes without the exorbitant costs and prolonged timelines associated with litigation, court proceedings, or arbitration where the outcome is decided by someone else.
A Multiparty Workplace Mediation: A Case Summary
Five members representing different organizational levels of a company experienced ongoing issues and escalating conflicts over several months. Previous efforts to resolve the disputes by Human Resources and the Executive Director proved unsuccessful. The organization contacted JRB Mediations to help resolve the issues.
Disclosure of Financial Information
Family separation and divorce mediations encompass a wide range of possibilities and outcomes, with emotions frequently running high. During separation and divorce the issue of property division can be quite a concern for some. One spouse may hide assets or financial information from the other, or there may be a suspicion of such concealment.
Civil Dispute Case Study: A Pipeline Quandary
A landowner wants to relocate multiple assets on his property to a different location on his land but is restricted due to a proposed new pipeline location and current pipeline right-of-way.
Judy (owner of JRB Mediations), who was a mediator for the Alberta Energy Regulator at the time, was referred to conduct mediation services on this matter, and facilitate a mutually beneficial agreement between the landowner and the national oil company responsible for the pipelines.
A Family Mediation: Spousal Support and Pension Issues
A couple who have been divorced for 21 years disagree about the continuation of spousal support payments after the ex-husband retires. As their divorce agreement never specified an end date for payments, problems arose when decisions were made without consulting experts.
Though both parties retained their own legal counsel, neither wished to proceed to court. Instead, the parties agreed to contract JRB Mediations to help them resolve their dispute/issues.
Top 10 Reasons to Mediate
Conflict and disputes occur for many reasons—miscommunication, differing values and interests, misunderstandings, false assumptions, etc. If left unresolved, disputes and conflicts can result in negative impacts to you and others, such as damaged relationships, poisonous environments, increased stress, poor health, staff turnover, decreased revenues, etc. and even litigation.
Mediation is a quick, efficient, conflict resolution process that is a significantly less costly alternative to litigating, quitting a job, or leaving a relationship.
Civil Dispute Case Summary: Oil Field Waste Facility vs a Lake Community—a Tale of 5 Mediations
A community surrounding a recreational lake objected to an oil field waste company setting up facilities near the lake.
Judy (owner of JRB Mediations), who was a mediator for the Alberta Energy Regulator at the time, was referred to conduct mediation services on this matter with several landowners and facilitate a mutually beneficial agreement between the landowners and the oil field management facility company.