Stay tune for changes to my website!
James Strictland, my outstanding and creative web designer, and I talked for an hour today.
I authorized him to do a total over-haul of my website.
It's the first time in over 6 years that I'm letting him have full reign to do what he wants to do!
I trust him so it's time for my website to get a fresh, clean new look & feel.
He is totally re-designing the site and making it faster + making me the latest & greatest in technology.
He convinced me to add some new "techie" stuff to my site so "stay tuned" for some new gadgets to be added in the next month!
I want it to be "dazzling", fast and consumer friendly.
I want it to impress the under-30 crowd but not over-whelm anyone visiting my site.
I will now also have an abbreviated site for smart phones -- something that did not exist a couple of years ago. Now that I surf on my own smart phone on a daily basis, I want my website to be accessible to people looking for a mediator.
Check back frequently in the next few weeks.
Additionally, this blog should be moving to my website to make it easier for me to post -- Google+ has been a nightmare -- I now have 4 Google+ accounts that I can't seem to all merge plus posting to this blog is getting harder with the changes in Google+.
(Google are you listening!##$@#$@#$#@$@$@#$@#^$@%^#$%&*#%^&!!)
I look forward to your input and comments.
If you see any typos -- let me know!
www.familylaw4u.com
Tuesday, October 2, 2012
www.crinfo.org - FREE mediation website
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www.crinfo.org
The Conflict Resolution Information Source website --
CRInfo (pronounced "See Our Info") stands for "conflict resolution information source."
It is a FREE service, funded by the William and Flora Hewlett Foundation.
As a "linking" site, their staff of editors maintains a keyword-coded catalog of over 20,000 Web, print, and organizational resources, as well as event listings and other conflict resolution-related resources.
I just found it and it seems full of interesting sites to look at for mediation information.
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I am now advertising with Mediation.com
I just signed on with Mediation.com and Arbitration.com for the next 2 years.
I checked with a mediator in Spring, Texas that has success with their services.
I have found it very difficult to get productive mediation leads but it never hurts to get my name out in the public.
I checked with a mediator in Spring, Texas that has success with their services.
I have found it very difficult to get productive mediation leads but it never hurts to get my name out in the public.
I can add "arbitrator" to my list of qualifications
I just completed "arbitrator" training so I can now add that title to my list of qualifications.
In family law, arbitration is not often used so I don't think that I will use it much.
It seems to be used mostly for government work.
FYI: The Better Business Bureau (BBB) does some arbitration work for free or for low cost.
In family law, arbitration is not often used so I don't think that I will use it much.
It seems to be used mostly for government work.
FYI: The Better Business Bureau (BBB) does some arbitration work for free or for low cost.
Wednesday, September 12, 2012
Family law mediation
Divorce mediation is a process where you and your soon to be ex-spouse (or signficant other) meet with a neutral trained third party family law mediator to reach a settlement in your lawsuit (divorce or SAPRC or modification).
There is no time limit to the mediation so that you have time to explore and discuss options. There is no limit as to what issues can be discussed - spousal support, child support, assets, debts, visitation, children's hobbies, children's special needs, etc.
However, if a party admits to child abuse or threatens to commit a crime then the mediator MUST immediately stop the mediation process. Other than those situations, mediation is a confidential, private process.
Many people like mediation because it is cheaper and faster than going to court. The mediator asks both parties to be honest and negotiate in good faith. The mediator attempts to level the playing field. Neither party is allowed to emotionally or physically abuse the other spouse. A mediator will attempt to diffuse emotions and focus on common goals to resolve your differences. You will not be forced to enter into a final agreement. The process is entirely voluntary. You always have the right to continue with litigation and trial in front of a judge if you are not satisfied with the mediation process.
Many people like the fact that mediation is a private and confidential process. The offers made cannot be mentioned to the Judge. (Just like the Las Vegas ad -- what happens at mediation, stays at mediation.) Often the mediator will "think outside of the box" and bring creative solutions that a judge could not offer because the Judge must follow the Texas Family Code. A mediator can offer solutions outside the TX Family Code that might work better for you and your children.
Mediation can often begin the healing process to allow the parties to begin to co-parent their children. Even though the marriage is ending, the parents will be co-parenting their children for the rest of their lives. In fact, they will be co-grand-parenting their future grand-children. It is often said that a marriage might be ending but the family endures. Mediation is much less adversarial that a trial. At trial, "mud" will be slung to show how bad each of you are - the hurt feelings are traumatic and will probably impact the children. After "slinging" all that dirt then you get to leave the courthouse and try to co-parent your children together. Mediation helps the divorcing couple create a parenting plan that focuses on what is best for the parents and the children. No judge knows you and your children as well as you do. A judge will make decisions -- but they will probably be decisions that neither of you like.
Mediation is usually not recommended if there has been extensive physical or mental abuse. Attorneys recognize that there are a small percentage of cases that just need to go to trial in front of a judge.
If you reach an agreement, everyone signs a document called a Mediated Settlement Agreement (MSA) that is filed at the courthouse. It is binding and cannot be changed. In other words, you are "stuck" with what you sign. The case is done - finished - completed. Then an attorney must take the MSA and prepare the final paperwork so that a judge can sign it so that can be "enforced" at a later date if one of the parties does not follow the agreements that both of you agreed to do.
Mediation is one form of alternative dispute resolution (ADR). There are many excellent websites that cover mediation. Each state handles mediation slightly differently. In the State of Texas, mediation is normally required before you can get a trial date before a judge.
Most family law attorneys won't tell their clients this when a case first starts, but over 90% of family law cases settle before trial before a judge or jury. Most cases do not go before a jury because in Texas juries only hear a limited number of family law issues -- plus the cost is prohibitive to most people (expect to pay over $20,000 if you want a jury trial.)
If you have a family law case in Harris County, Texas, anticipate being sent to mediation before you get a hearing date in front of a judge.
There are 2 free mediation services in Harris County. Private mediators charge from approximately $250-$1,000 per side for 4 hours.
There is no time limit to the mediation so that you have time to explore and discuss options. There is no limit as to what issues can be discussed - spousal support, child support, assets, debts, visitation, children's hobbies, children's special needs, etc.
However, if a party admits to child abuse or threatens to commit a crime then the mediator MUST immediately stop the mediation process. Other than those situations, mediation is a confidential, private process.
Many people like mediation because it is cheaper and faster than going to court. The mediator asks both parties to be honest and negotiate in good faith. The mediator attempts to level the playing field. Neither party is allowed to emotionally or physically abuse the other spouse. A mediator will attempt to diffuse emotions and focus on common goals to resolve your differences. You will not be forced to enter into a final agreement. The process is entirely voluntary. You always have the right to continue with litigation and trial in front of a judge if you are not satisfied with the mediation process.
Many people like the fact that mediation is a private and confidential process. The offers made cannot be mentioned to the Judge. (Just like the Las Vegas ad -- what happens at mediation, stays at mediation.) Often the mediator will "think outside of the box" and bring creative solutions that a judge could not offer because the Judge must follow the Texas Family Code. A mediator can offer solutions outside the TX Family Code that might work better for you and your children.
Mediation can often begin the healing process to allow the parties to begin to co-parent their children. Even though the marriage is ending, the parents will be co-parenting their children for the rest of their lives. In fact, they will be co-grand-parenting their future grand-children. It is often said that a marriage might be ending but the family endures. Mediation is much less adversarial that a trial. At trial, "mud" will be slung to show how bad each of you are - the hurt feelings are traumatic and will probably impact the children. After "slinging" all that dirt then you get to leave the courthouse and try to co-parent your children together. Mediation helps the divorcing couple create a parenting plan that focuses on what is best for the parents and the children. No judge knows you and your children as well as you do. A judge will make decisions -- but they will probably be decisions that neither of you like.
Mediation is usually not recommended if there has been extensive physical or mental abuse. Attorneys recognize that there are a small percentage of cases that just need to go to trial in front of a judge.
If you reach an agreement, everyone signs a document called a Mediated Settlement Agreement (MSA) that is filed at the courthouse. It is binding and cannot be changed. In other words, you are "stuck" with what you sign. The case is done - finished - completed. Then an attorney must take the MSA and prepare the final paperwork so that a judge can sign it so that can be "enforced" at a later date if one of the parties does not follow the agreements that both of you agreed to do.
Mediation is one form of alternative dispute resolution (ADR). There are many excellent websites that cover mediation. Each state handles mediation slightly differently. In the State of Texas, mediation is normally required before you can get a trial date before a judge.
Most family law attorneys won't tell their clients this when a case first starts, but over 90% of family law cases settle before trial before a judge or jury. Most cases do not go before a jury because in Texas juries only hear a limited number of family law issues -- plus the cost is prohibitive to most people (expect to pay over $20,000 if you want a jury trial.)
If you have a family law case in Harris County, Texas, anticipate being sent to mediation before you get a hearing date in front of a judge.
There are 2 free mediation services in Harris County. Private mediators charge from approximately $250-$1,000 per side for 4 hours.
Chapter 31 - Removal of Disabilities of Minority in the Texas Family Code
Emancipation is called "removal of disabilities of minority" in the State of Texas. You can find it under Chapter 31 in the Texas Family Code.
The chapter is very short.
The judges interpret this law very strictly. There is no flexibility in the courts of Harris County. You must meet every requirement. For example, you must be at least 16 years of age to apply. If you are 15 years old and 10 months, please don't call an attorney because you cannot file the paperwork at the courthouse!
YOU must be self-supporting -- that means your boyfriend or a family member cannot be supporting you. You must be able to pay for your rent, food, clothing, utilities, etc. all on your own! If you have a roommate, that is ok if you are able to pay for your 50% of everything.
You must be able to state where your living parents are currently located.
You must be able to clearly state why the judge should grant your request.
You must be able to clearly state the purpose for this request.
The judge shall appoint an amicus attorney or attorney ad litem to represent the interest of the person (teen) making this request. The teen MUST pay this attorney. How much do they charge? Most attorneys charge at least $1,500 - $2,500 because they have to do a lot of work - interview you, your parents or guardian, perhaps your teachers, your neighbors, your relatives, your employer, visit your home - this takes many hours of their time.
How long does this take to be finalized? I would plan on at least 4 months.
The chapter is very short.
The judges interpret this law very strictly. There is no flexibility in the courts of Harris County. You must meet every requirement. For example, you must be at least 16 years of age to apply. If you are 15 years old and 10 months, please don't call an attorney because you cannot file the paperwork at the courthouse!
YOU must be self-supporting -- that means your boyfriend or a family member cannot be supporting you. You must be able to pay for your rent, food, clothing, utilities, etc. all on your own! If you have a roommate, that is ok if you are able to pay for your 50% of everything.
You must be able to state where your living parents are currently located.
You must be able to clearly state why the judge should grant your request.
You must be able to clearly state the purpose for this request.
The judge shall appoint an amicus attorney or attorney ad litem to represent the interest of the person (teen) making this request. The teen MUST pay this attorney. How much do they charge? Most attorneys charge at least $1,500 - $2,500 because they have to do a lot of work - interview you, your parents or guardian, perhaps your teachers, your neighbors, your relatives, your employer, visit your home - this takes many hours of their time.
How long does this take to be finalized? I would plan on at least 4 months.
Goggle has made me an "expert" on emancipation & name changes in Harris
I have been receiving a lot of phone calls (approximately 5-6 calls per week) on name changes for adults and children. Plus, many calls for teenagers and even parents wanting to force their minor children to be emancipated because they cannot control them. (Apparently the police make this suggestion when they are called out for "out of control" teens.)
I finally figured out why I receive so many of these calls - when you "Google" something like Texas emancipation I show up in the middle of the page -- but I'm the only listing with a tiny photo so people click on me. Even though my blog posts on these topics are almost 2 years old, they just call - they never bother to read any of my other posts that clearly state that I no longer litigate or that there are many requiremenets in order for a teen to qualify to be emancipated.
In order to emancipate (called "removal of disabilities of minority" in the State of Texas) you must meet EVERY requirement or the Judge cannot sign the paperwork. There is no flexibility in the statute.
Some attorneys will take your money and file the paperwork then apologize when the judge denies your final order. I personally don't want to waste your time or money if I know that the judge is not going to sign the final paperwork.
READ -- Chapter 31 of the TEXAS FAMILY CODE - REMOVAL OF DISABILITIES OF MINORITY -- available on-line.
I finally figured out why I receive so many of these calls - when you "Google" something like Texas emancipation I show up in the middle of the page -- but I'm the only listing with a tiny photo so people click on me. Even though my blog posts on these topics are almost 2 years old, they just call - they never bother to read any of my other posts that clearly state that I no longer litigate or that there are many requiremenets in order for a teen to qualify to be emancipated.
In order to emancipate (called "removal of disabilities of minority" in the State of Texas) you must meet EVERY requirement or the Judge cannot sign the paperwork. There is no flexibility in the statute.
Some attorneys will take your money and file the paperwork then apologize when the judge denies your final order. I personally don't want to waste your time or money if I know that the judge is not going to sign the final paperwork.
READ -- Chapter 31 of the TEXAS FAMILY CODE - REMOVAL OF DISABILITIES OF MINORITY -- available on-line.
Tuesday, September 4, 2012
I am a 9 year Breast Cancer Survivor!
This summer marks my 9th year of being a breast cancer survivor.
Chemo gave me a new motto - "it's easier than chemo"!
It also gave me a new perspective in life -- I became a mediator.
I am an attorney truly believes that most family law issues can be resolved without escalating to court involvement.
Of course, a small percentage of cases need a judge to be involved - those cases that involve the mentally ill, drug abuse, physical abuse, etc.
But overall, most family law cases should be resolved peaceably and confidentally between the parties with their attorneys acting as counselors and advisors.
Chemo gave me a new motto - "it's easier than chemo"!
It also gave me a new perspective in life -- I became a mediator.
I am an attorney truly believes that most family law issues can be resolved without escalating to court involvement.
Of course, a small percentage of cases need a judge to be involved - those cases that involve the mentally ill, drug abuse, physical abuse, etc.
But overall, most family law cases should be resolved peaceably and confidentally between the parties with their attorneys acting as counselors and advisors.
Important News regarding Patricia Bushman Law Office
Jessica in Patricia Bushman's office has left her employ & taken a new job at a catering company!
So all of my posts telling people to talk to Jessica are now wrong!
Pat is now going to have to replace her.
I just learned of this change this afternoon when I went to the office after being in court all morning.
Please be patient as her office goes through this transition.
So all of my posts telling people to talk to Jessica are now wrong!
Pat is now going to have to replace her.
I just learned of this change this afternoon when I went to the office after being in court all morning.
Please be patient as her office goes through this transition.
Monday, September 3, 2012
Family mediation in Texas
Mediation is an affordable, effective, alternative to litigation that preserves the ability of the parents to work together to raise their children.
In family mediation, the parties (and their attorneys - if the parties hire attorneys) meet with a neutral third party facilitator known as a mediator - who assists them in reaching their own settlement.
The mediator guides and assists the parties in coming to their own outcome.
If the parties come to a decision, it is final and binding on the parties. That means, if a decision is reached a Mediated Settlement Agreement (also known as a MSA) is signed and is filed with the Court. It cannot later be changed by either party. It is a final decision -- just like a judge ordered and signed it. In other words, if you sign it, you are "stuck" with it.
The parties then need to get the agreement typed up by an attorney so that a Judge can signed the final order so that it can be enforced by the Judge in case one of the parties does not follow the agreement. The mediator that prepares the MSA cannot do the paperwork for the Judge to sign.
The mediation process empowers the parties by giving them the power to make the decisions regarding their future without a Judge making the decisions.
The mediator is trained to remain neutral. The setting for the mediation is more comfortable and relaxed than at the courthouse and there is usually less stress on the parties. The parties are allowed to communicate more openly than is allowed in front of a Judge. The mediation process is confidential -- except when child abuse or criminal activity is concerned.
A family mediator has taken the basic 40 hour mediator training plus an additional family mediation training class. Additionally, most family mediators have taken many additional mediation classes. In the Houston area, mediation training is offered year round.
You do not have to be a lawyer to be a mediator. In fact, many excellent mediators are not attorneys. Most of the Harris County family law judges will not appoint non-lawyer mediators at the present time. I believe this is because they want mediators that are familiar with the Texas Family Code. Prices for mediators vary dramatically. My rates are $250 per side for a 4 hour mediation - which is very reasonable for Harris County mediators.
There are 2 free mediation services in the Harris County area - Dispute Resolution Center and the Harris County Domestic Relations Office. The DRO has their own staff. I volunteer at the DRC and have since 2005.
If no agreement is reached by the parties, then the mediator notifies the Judge than an impasse was reached - nothing else. No details regarding what happened at the mediation ever leaves the mediation process.
Normally the parties save money by participating in mediation rather than pay an attorney for a trial in front of Judge. Plus, they save the emotion toll of a trial.
One of the roles of a mediator is to try to balance the needs of the child and the desires of the parties. The mediator assists the parties in identifying the areas of conflict. The mediator brainstorms possible creative solutions that might not be possible if presented to a Judge who would be limited to following the Texas Family Code.
The mediator can spend more time than a Judge has in getting to know the parties and the children to determine what are going to work best regarding visitation in the long run and avoid conflict between the parties. The mediator looks at ways to make it a win-win for both parties.
The mediation process can take several hours. My longest mediation took over 10 hours. Everyone wanted to continue because we were making progress. There were many complex issues and no one wanted to leave. It look several "drafts" of the Mediated Settlement Agreement to get it right and have everyone sign it.
Usually only the parties attend mediation. Sometimes if a party has re-married, the new spouse is allowed to attend. Normally, fiances are not allowed to attend. (FYI: Rarely teen-age children are only allowed to attend -- if everyone agrees and then they would be in a separate room and they would be interviewed by the mediator and then a third party would drive them home.)
Check out my website - www.familylaw4u.com
In family mediation, the parties (and their attorneys - if the parties hire attorneys) meet with a neutral third party facilitator known as a mediator - who assists them in reaching their own settlement.
The mediator guides and assists the parties in coming to their own outcome.
If the parties come to a decision, it is final and binding on the parties. That means, if a decision is reached a Mediated Settlement Agreement (also known as a MSA) is signed and is filed with the Court. It cannot later be changed by either party. It is a final decision -- just like a judge ordered and signed it. In other words, if you sign it, you are "stuck" with it.
The parties then need to get the agreement typed up by an attorney so that a Judge can signed the final order so that it can be enforced by the Judge in case one of the parties does not follow the agreement. The mediator that prepares the MSA cannot do the paperwork for the Judge to sign.
The mediation process empowers the parties by giving them the power to make the decisions regarding their future without a Judge making the decisions.
The mediator is trained to remain neutral. The setting for the mediation is more comfortable and relaxed than at the courthouse and there is usually less stress on the parties. The parties are allowed to communicate more openly than is allowed in front of a Judge. The mediation process is confidential -- except when child abuse or criminal activity is concerned.
A family mediator has taken the basic 40 hour mediator training plus an additional family mediation training class. Additionally, most family mediators have taken many additional mediation classes. In the Houston area, mediation training is offered year round.
You do not have to be a lawyer to be a mediator. In fact, many excellent mediators are not attorneys. Most of the Harris County family law judges will not appoint non-lawyer mediators at the present time. I believe this is because they want mediators that are familiar with the Texas Family Code. Prices for mediators vary dramatically. My rates are $250 per side for a 4 hour mediation - which is very reasonable for Harris County mediators.
There are 2 free mediation services in the Harris County area - Dispute Resolution Center and the Harris County Domestic Relations Office. The DRO has their own staff. I volunteer at the DRC and have since 2005.
If no agreement is reached by the parties, then the mediator notifies the Judge than an impasse was reached - nothing else. No details regarding what happened at the mediation ever leaves the mediation process.
Normally the parties save money by participating in mediation rather than pay an attorney for a trial in front of Judge. Plus, they save the emotion toll of a trial.
One of the roles of a mediator is to try to balance the needs of the child and the desires of the parties. The mediator assists the parties in identifying the areas of conflict. The mediator brainstorms possible creative solutions that might not be possible if presented to a Judge who would be limited to following the Texas Family Code.
The mediator can spend more time than a Judge has in getting to know the parties and the children to determine what are going to work best regarding visitation in the long run and avoid conflict between the parties. The mediator looks at ways to make it a win-win for both parties.
The mediation process can take several hours. My longest mediation took over 10 hours. Everyone wanted to continue because we were making progress. There were many complex issues and no one wanted to leave. It look several "drafts" of the Mediated Settlement Agreement to get it right and have everyone sign it.
Usually only the parties attend mediation. Sometimes if a party has re-married, the new spouse is allowed to attend. Normally, fiances are not allowed to attend. (FYI: Rarely teen-age children are only allowed to attend -- if everyone agrees and then they would be in a separate room and they would be interviewed by the mediator and then a third party would drive them home.)
Check out my website - www.familylaw4u.com
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