Family Court Mediation Process – The Benefits of Mediation

Dissolving a marriage has to be done through a legal process, but it doesn’t have to be the combative way that many have known divorce to be. Today, couples are seeking a mediation process which requires less tumultuous situations and tends to be more focused on the priorities after a split. Mediation is typically guided by third-party, which helps spouses feel better about the stressful situation. In this article, we are going to discuss the mediation process and some of the benefits that come with choosing this option to end a union.

The Mediation Process

When two people seek a mediation alternative to divorce, they will typically go through a version of this process. For amicable separations, this process may only take one session. If there are some disputes, additional mediation sessions may be needed.

Introductory Statements – Both parties and the mediator will gather in a room and give statements (if they choose) about the dissolution of the marriage and the overall goals for mediation.

Main Problems Revealed or Discussed – The mediator will then guide both parties to discuss the main issues of the marriage and the dissolving of the union. These statements, and the discussions that follow, will help the mediator understand where the problems exist and create compromises for both parties to consider. This part of mediation is an information gathering pursuit for the mediator so they can come up with appropriate solutions that both parties will be satisfied with.

Presentation of Potential Solutions and Negotiations – After the mediator has a good grasp on what both parties are seeking, they can start offering up different solutions and compromises. Each party can then negotiate their points, so they feel they’re getting treated fairly in the process.

Reaching an Agreement – Once an agreement is reached, a mediator will draw up the contract for both parties to sign. A final hearing can then be requested to put the agreement on the record and get it approved by the Court.

The Benefits of Meditation
Mediation is a mandatory part of the family court process in South Carolina for any contested case.   It can be difficult, especially if there has been significant mistrust or carelessness in the marriage. However, for those who are splitting on a more amicable level, mediation has many benefits.

More Financially Beneficial – Divorces can rack up thousands of dollars in legal fees, which only hurts the family as a whole, not to mention children if they are involved. In fact, the average cost to end a marriage in America is thousands of dollars, that could be going into the raising of the couple’s children.

More Private – Divorces done in the traditional court system are public record and can open each party up to scrutiny and wandering eyes. Mediation is a more private way to handle a very personal situation.

Better for the Kids – Mediators tend to keep spouses focused on the children, which can sometimes be lost in traditional litigation. This creates tension among spouses that can sometimes be seen and heard, or intuitively felt by the children.

Every mediation is different and is customized according to each family. Spouses who decide to use a mediator are more likely to end up with an agreement they are more comfortable with and serves the main priorities of all parties. While not an option for everyone, mediation is an excellent choice when couples decide to mutually part ways.

What to Do if Hurt on The Job  – Worker’s Compensation Process

Workplace injuries are a common thing, and many people find they can make a full recovery. In order to do that, an injured person will need to file a claim with their employer. A victim needs to take the appropriate legal steps, so they have the resources necessary to make a recovery. No matter how insignificant or significant the injuries are, the steps below should always be followed for the protection of the injured person.

Step One – Seek Medical Attention

It’s crucial that anyone who experiences a workplace injury seek medical attention, as this is important for both recovery and a worker’s compensation claim. A physician will offer a professional opinion and give the victim follow up care instructions. These directives will be needed in the event a claim needs to be filed.

Step Two – Report the Injury or Accident

It’s crucial that the injury sustained be reported to the proper chain of command at work. For some, that will be a manager and others may have to report the incident to their human resources department. This should be done as soon after the event as possible and done in both verbal and written forms. An email report is also a smart action since it will be time-stamped and support your account of when the injury happened.

Step Three – Seek Legal Guidance

While legal guidance isn’t always necessary, it’s worth the time and energy to find a good worker’s compensation attorney to learn more about the laws and rights of those hurt on the job. This step can ensure a victim is adequately cared for and compensated for their injuries.

Step Four – File a Worker’s Compensation Claim

The manager or HR professional at work should be able to direct a victim how to file a claim and walk the injured individual through the works compensation process. A claim can also be addressed with the help of an attorney, especially if any part of the accident is being disputed or fought. There is a step by step process involved in this claim which will be laid out by either one of these parties.

Step Five – Work Through the Process

After a claim has been filed, there will be an offer to consider or a claim that was denied. The victim can work with the works compensation representative to either accept or appeal the decision. If a victim is dissatisfied with the outcome, they can choose to hire a lawyer and work towards a better result.

 

This is the basic process of a worker’s compensation claim and the steps that should be taken after an injury. Legal professionals suggest being leary of fast settlements or pushy adjusters seeking a quick remedy. This could be a red flag and a tactic often used to get a victim to settle a claim that they otherwise could be awarded more money for.

What to Do After an Automobile Accident – Do’s and Don’ts

 

Auto accidents can have a devastating result on someone’s life resulting in long term physical injuries and expensive damages. If the proper measures aren’t taken after a crash, the chances of having the resources to recover from those injuries might be lost. Here are the do’s and don’t actions to take after an auto accident.

The “Do’s” After a Car Accident

Seek Medical Assistance – The first priority is to seek medical attention regardless of how minor or severe the injuries might seem. Injuries from an accident can take days or even weeks to emerge, which will not only impact someone’s ability to heal but could also hurt a legal case.

Contact Law Enforcement – Depending on the result of the accident, law enforcement should be contacted so they can conduct a report about what took place. This report can be valuable in a car accident claim and can validate a driver’s account of what occurred.

Collect Evidence – If possible, take photos and video of the car accident scene as well as the damage to the vehicles involved. Don’t forget to do a 360-degree photo which may provide additional details about surveillance cameras, witnesses, or other crucial information for a legal claim.

Consult an Attorney – Regardless as to whether or not someone feels they have a case, they should always consult with an attorney to understand their rights. A car accident lawyer will know the laws and can guide a victim through the legal process successfully.

The “Don’ts” After a Car Accident


Don’t Move the Vehicles – It’s essential that law enforcement has a clear picture of where each vehicle ended up to get an accurate assessment of what happened. The only exception to this is if it is just too dangerous to keep the car where it is.

Don’t Leave the Scene – No matter who is at fault or what the circumstances are, no one who was involved or who saw the accident should leave the scene until law enforcement releases them. Again, an exception to this would be if there are life-threatening injuries.

Don’t Discard Potential Evidence – It can be tempting to throw away clothes that have blood stains, damaged items in the car, or a bumper that was damaged. Hold on to everything until there is legal guidance about what does or doesn’t constitute evidence by a lawyer.

Don’t Attribute Fault – There will be plenty of time to figure out who is at fault from an accident. Allow the investigators to come to a conclusion and interview everyone involved first. Then take that information to an attorney before pointing the finger at any one party.

Don’t Speak to Insurance Adjusters Yet – Adjusters will attempt to get a statement about the crash so they can find a way to discredit the victim’s story about the accident. Always speak to an auto accident attorney before making any statements or settling on a claim. This can negatively impact how much a victim can collect from an accident claim.

Hopefully, these do’s and don’t offer a more clear picture about how to handle the aftermath of an accident. Always consult with a car accident attorney to learn more about the specifics of a car accident claim and laws involved.