Complex Family Issues
Many believe in the common misconception that mediation only works for simple cases without custody issues, support, property division or when a business is owned together. This could not be further from the truth. At CMS, we have used mediation to resolve the most complex cases.
Situation: A couple came to CMS with a highly emotional situation regarding who would receive custody of their son, who had special needs. There was a lack of communication between the couple and a disparity in the amount of time the son was spending with each parent causing a lot of stress on the child and the parents.
Solution: CMS conducted several mediation sessions with the couple and also brought in an outside therapist to working closely with the child. Through mediation, the couple was able to arrive at a custody and visitation plan that was fair and worked well for both parents and the child.
Child Support and Spousal Support Situations
Situation: A couple that had been married for over twenty years was referred to California Mediation Solutions. Both spouses worked full-time. One spouse made significantly more money but did not have any pension. The other spouse made far less money, but had a fairly large pension. There was a battle over how much spousal support had to be paid and for how long.
Solution: Through mediation, CMS worked with an actuary who determined the present day value of the pension which helped both parties reach an agreement on spousal support and the pension. Additionally, the tax consequences were discussed with the couple so that they could make educated decisions on what was best for both parties in the long run.
Complex Financial Matters
Situation: California Mediation Solutions was contacted by a couple with a complex financial situation including extensive investments. Due to the high net worth of the couple, there were numerous tax consequences to consider in the division of assets and debts.
Solution: CMS worked closely with the couple, their accountant and financial advisor to determine how to most effectively allocate the investments. Through the mediation process, all legal and financial knowledge was presented and the couple was able to determine the biggest positive return for their financial situation with the least amount of tax consequences for both parties.
Situation: A couple that owned a retail business which spanned several states came to CMS at a complete loss for what they would do with the business in their divorce. Should they sell the business? Should one party take the business? How would they allocate the business debts and assets?
Solution: Divorce mediator Laura Rosauer facilitated several mediation sessions with the couple to review their case and made a recommendation to the couple to involve outside professionals (forensic accountant, business attorney). Through the mediation process, the professionals collaborated and presented all facts and options to the couple. As a result, the couple was able to work through a complicated financial situation, determine the value of the business and determine specific ways to allocate the business that worked well for both parties. Additionally, this couple was able to stay out of court and resolve their issues with much less time and expense than the traditional litigation process.