Workshop 65. Mediation within the Collaborative Divorce Process

Transcription

1 AFCC 49th Annual Conference Attachment, Brain Science and Children of Divorce: The ABCDs of Child Development for Family Law June 6 9, 2012 Chicago, Illinois Workshop 65 Mediation within the Collaborative Divorce Process Teresa F. Parnell, PsyD Audrey A. Simmons, CPA, CDFA Nancy S. Weber, JD Samuel J. Weiss, JD

2 Mediation Within the Collaborative Divorce Process Abstract This workshop will describe the use of mediation within the Collaborative Divorce process to reach case settlement as an alternative to terminating the process. The workshop will include lecture as well as guided discussion with the audience of the ethical and practical issues of this approach. Program Description The Collaborative Divorce process is not always successful in helping clients reach case settlement. This workshop will explore the use of mediation to assist clients in reaching case settlement as an alternative to terminating the collaborative process. The first 60 minutes of the program will present the benefits and challenges of using mediation in such a manner from a panel of professionals experienced as both collaborative interdisciplinary team members and as mediators including with the use of mediation in Collaborative Divorce. Concepts covered will include the decision to mediate, whether it violates the attorney disqualification clause, changes to the participation agreement, dealing with disclosure and confidentiality, mediation format, mediation techniques, qualifications of the mediator, preparation of clients, and the role of the collaborative team in the mediation (i.e., neutral mental health professional, neutral financial professional, attorneys). The remaining 30 minutes will be guided question and answer in order to explore this topic. All panel members have had experience in Collaborative Divorce cases that have successfully settled without mediation as well as with mediation as an alternative to abating the process. In addition, the attorney speakers have had experience as the mediator brought in to mediate Collaborative Divorce cases to successful resolution. Objectives 1. Participants will recognize when mediation may be appropriate within the Collaborative process. 2. Participants will identify the benefits and challenges of using mediation for Collaborative Divorce settlement. 1

3 3. Participants will understand the roles of the collaborative attorneys, neutral mental health professional, and neutral financial professional in the mediation. Speaker Information Teresa F. Parnell, Psy.D. 121 W. Sybelia Avenue, Maitland, FL Phone: (407) , Fax: (407) Dr. Teresa Parnell is a Licensed Psychologist, Certified Family and County Mediator, and Certified Addictions Professional with over 20 years experience. She provides services in family, criminal, civil and dependency court cases. In the area of family law, she conducts psychological evaluations and parenting plan evaluations, consults with parents on developing parenting plans, provides therapy to divorcing adults as well as their children, and serves as a court appointed Parenting Coordinator. She is committed to alternative dispute resolution options for divorces involving minor children and to the education of divorced parents to facilitate positive co parenting. Dr. Parnell is trained in the interdisciplinary model of Collaborative Family Law and functions as a neutral process facilitator in Collaborative Divorce cases. She is currently on the board of the Collaborative Family Law Group of Central Florida. Aurdrey Simmons 114 E. New England Avenue, Suite 1, Winter Park, FL Phone: (407) , Fax: (352) Audrey Simmons is a certified public accountant, certified divorce financial analyst, and certified family mediator in private practice in central Florida. She also has a Master of Arts in Mental Health Counseling. With 30 years experience as a CPA and a background in counseling and mediation, Audrey brings a unique blend of talent, experience, and skills to her work as a divorce consultant. Her practice is currently limited to divorce financial consulting, litigation support services, collaborative family law, and family mediation. Although she has extensive experience in forensic accounting and litigation support services, Audrey s preference is to assist divorcing couples as a financial neutral in the context of Collaborative Law, mediation, or settlement negotiations. She is dedicated to helping her clients protect the wellbeing of their children and 2

4 conserve their financial resources by avoiding the court system whenever possible. She is trained in the interdisciplinary model of Collaborative Family Law and functions as a financial neutral in Collaborative Divorce cases. She is a board member for the Collaborative Family Law Group of Central Florida. Nancy S. Weber Sasser and Weber, P.A. P.O. Box , Orlando, FL Phone: (407) Fax: (407) Nancy S. Weber has been a shareholder in the family law firm of Sasser and Weber, P.A. in Orlando for more than twenty five years. She is certified in family mediation by the Florida Supreme Court and is trained in Collaborative Law. She practices family law litigation, mediation, and collaborative law, with a goal of reaching mutually acceptable divorce settlements. While a dynamic advocate for her litigation clients, she believes the collaborative model and mediation helps preserve the family relationship and leads to better resolutions than those obtained in the courtroom. Nancy is past president of the Central Florida Association of Women Lawyers and chaired the Orange County Commission on the Domestic Courts. She currently serves on the executive committee of the Central Florida Family Law Inns of Court. She was named Best Family Lawyer in Orlando for 2010 and is listed in Best Lawyers in America in Family Law for the past six years, as well as Florida Super Lawyers publication and Florida Trend s Legal Elite. She is AV rated by Martindale Hubbell. Samuel J. Weiss 1059 Maitland Center Commons Maitland, FL Phone: (407) Fax: (407) Samuel J. Weiss has been committed to the practice of law and the service of his clients for 35 years. Mr. Weiss is a Certified Family Law Mediator and Arbitrator who concentrates his practice in family law, including divorce, post dissolution matters, support, custody and related issues. His prior experience in the commercial banking and auditing fields provides him with a unique prospective when evaluating complex financial assets. Mr. Weiss is committed to Alternative Dispute Resolution and is the founder of the Collaborative Family Law Group of 3

5 Central Florida. His personalized approach to each situation assures the client that a difficult and emotional time in their lives will be handled with sensitivity. Mr. Weiss enjoys the highest rating given attorneys by the most prominent international rating organization of attorneys. He is AV rated by Martindale Hubbell. 4