Parenting Plan Mediation?

A reader writes:

My soon to be ex-husband and I have three children. I am hearing about some sort of “parenting plan” that we’ll have to come up with. What is this? Can we mediate this? What will be the charge to us? Thank you for your help.

Kris responds:

This is a new term for recently passed legislation in Texas and other states amending the family code and can be researched more independently at the below link:

Click Here.

In answer to your other questions:…yes, it is most advisable that you mediate a parenting plan. Only in a mediation can you and your husband direct your own best efforts in determining what will be in the best interest of your children based on your values, resources and logistics. You can use private mediators listed in the phone book or one of the volunteer family mediators at The Dispute Resolution Center. There are 17 centers throughout Texas and a list can be found on this website: www.austindrc.org You didn’t say where you live, but you can contact our center for help in locating community mediation services throughout the nation and the costs for the service. A typical community mediation for Travis County citizens is $35.00 per person or $70 for a couple. Our number is 512-371-0033×222.

Accredited Training?

A surfer asks:

I wanted to know if your training program was accredited?

Kris responds:

Since we are blessed at the DRC to have Mary Thompson and Judy Corder of Corder, Thompson & Associates provide the training course you specified in your email, I asked that the company’s president, Mary Thompson respond to your question:

Mary writes:

There really is no formal accreditation process for mediation training in Texas. The Texas Mediation Trainers Roundtable has developed voluntary standards for mediation training in Texas, including standards for the basic mediation training. These can be found at www.tmtr.org.

The Texas Mediation Credentialing Association has issued standards for those wishing to be credentialed by them. These standards include having completed a basic mediation training program that meets the standards developed by the Texas Mediation Trainers Roundtable. For more information see www.txmca.org. In the credentialing process, the applicant attests to the fact that the training they attended meets the Roundtable standards. The TMCA really does not review, endorse or accredit any specific training program.

Additional information regarding the Corder, Thompson & Associates services can be researched at www.corderthompson.com.

 

Condo Remediation?

Another writer:

I have a consumer/business issue and am interested in the mediation process. I have refused total payment because of damages I have suffered and the business has put a lien on my condo. Am I eligible for remediation thru your services? Thank you.

Kris Donley:

By “remediation”, I believe you are asking, can I be absolved from any payment due because of dissatisfaction. The terms can be confusing. Of course, a business transaction resulting in fees for a service or product can result in a less than satisfactory outcome to either party. Consumers may complain of unmet expectations or mal-treatment and providers may complain of failure to make good on a promise to pay. How the provider and consumer view the situation, their general business practices and whether both individuals have a sense of fairness and/or desire to operate from some principle based philosophy will be critical to the integrity of any business negotiation. Avoidance of disruption of service, additional fees or cost and preservation of one’s reputation, sanity or bank account can and will often be present “on the table” as well. Mediation is an excellent way to see what options can be adopted to increase the satisfaction of both parties. Consumer related disputes make up about 20% of the DRC’s mediation business. Other resources such as the Better Business Bureau and Consumer Protection agencies see an even larger number of these disputes. Call the center at 371-0033 and ask to speak to a case manager about your specific issue. For as little as $35.00, you can have access to a trained volunteer mediator team and a half-day mediation at the center. They will work hard to see if there is a way to work out your differences.

Kris

Bring Attorney to Mediation?

From a surfer:

Good Morning, Per my divorce decree I have to try mediation before taking my ex back to court but I can’t afford to bring an attorney with us. Is there any way of coming without one, or do you have any other suggestions? My ex will not communicate with me in any way shape or form. It concerns my 14 year old son’s court ordered visitation. He is refusing to go because it is causing medical problems and loss of sleep, which in turn effects his school work. I feel like I am at a dead end now.

Thanks, anonymous

Kris Donley:

The short answer to your question is, “no, you don’t have to bring your attorney to this mediation”. Many times, individuals just want to sit down with a neutral third party and try to figure out what they want to in order to be the best co-parents after a divorce. Even when emotions are tense, parties appear split beyond redemption and/or no solution is visible, parents can still find ways to creatively address the issues that prevent them from parenting as well or cooperatively as they want to. However, whatever agreements might be reached between you and your ex will be an informal understanding unless a court issues an order to modify your current decree. In other words, if it’s working informally between you and your ex, it may be fine (as long as the child is not being harmed in any way). But if it isn’t working, there’s no authority such as the judge who can mandate anything other than the existing decree. If this “legal teeth” is desired, your attorney’s review of the agreement is a good idea before taking it before a judge.

Kris