Month: May 2021

Expert Morgantown Divorce Mediation

Divorce Mediation . West Virginia

Morgantown Divorce Mediation

Morgantown Divorce Mediation

Mediate Virtually, Online, or In-Person with Dr. Ben Earwicker, J.D., Ph.D.

Conflict Resolution with an Expert Divorce Mediator

Morgantown Divorce mediation can save you time and money.

Divorces can be some of the most contentious and painful conflicts many of us will ever experience. Child custody arrangements, division of assets, and other difficult decisions make divorce especially frustrating. You may be dealing with the stress of a long-standing conflict. Or you might face the frustration of impasse and deadlock. Perhaps you and a partner can’t agree on a way forward.

Regardless of the extent of your conflict, divorce mediation can provide a way forward.

First, it’s important to work with a skilled facilitator. Expert mediator Dr. Ben Earwicker can guide you through your conflict to resolution. Second, how effectively you deal with conflict depends on the tools you apply.  Divorce mediation with our experienced mediator can help break through impasse. Dr. Earwicker can help you resolve your divorce disputes and write a new chapter.

Don’t let conflict take up any more of your time and resources. 

Contact Dr. Earwicker today to discuss virtual, online, and remote Morgantown divorce mediation.

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Morgantown Divorce Mediation Basics

Our Morgantown divorce mediation can be an alternative to lengthy, public court battles. A divorce mediator can assist with a settlement agreement on issues like property division, alimony, child support and child custody, and more.

In Morgantown, an uncontested divorce requires a written marital settlement agreement to avoid the more lengthy court process of a contested divorce. You must agree on all important issues and file the separation agreement that details the arrangements between the spouses.

You must also meet certain residency requirements; you or your spouse must have lived in WV for at least one year prior to filing OR you were married in the state and and one of you currently lives in the state. W. Va. Code § 48-5-105(a) (2021). You should also include a statement acknowledging “irreconcilable differences” in your marriage as a “no fault” reason for your divorce.

The West Virginia Judiciary’s Family Court Forms website will be useful as you prepare to file for divorce in Morgantown. To file, you’ll need to file at the Circuit Clerk’s Office in the county where you or your spouse lives or where you last lived when married. circuit courts in the county where you or your spouse lives. You can use the Family Court Circuit map to find the specific location where you can file.

You can save time and money by first working with a mediator to resolve your disputes. Our Morgantown divorce mediation can save you significant time and money when you use a divorce mediator to assist with your divorce settlement agreement.

For more information on Morgantown divorce mediation, visit DivorceNet’s page on divorce in West Virginia.

Divorce mediation offers a number of advantages, including:

  • lower cost,
  • freedom to make informed decisions,
  • control, and
  • communication.

You and your spouse control the outcome of divorce mediation, not the courts.

For divorce mediation to be successful, it’s important that both spouses engage in good faith. Mediation will likely not be successful if one spouse is more interested in harming the other spouse than resolving disputes over property or child custody arrangements. If both spouses engage in good faith, though, mediation can save significant time and money for both spouses.

Dr. Earwicker's Mediation Services

Dr. Ben Earwicker provides expert mediation services, both online and remotely.

Meet the Expert

Dr. Ben Earwicker, J.D., Ph.D., provides expert mediation & consultation, drawing on his nearly two decades of experience with conflict resolution and mediation. He has successfully mediated hundreds of disputes through his national private practice and administration of a state-wide mediation program through the Idaho Human Rights Commission.

Why Mediate with Dr. Earwicker?

Ben’s empathetic approach to conflict resolution ensures the best potential for reaching agreement and discovering a way through conflict. He knows how to navigate complex, technical, and emotionally-charged disputes in almost any context, from employment and labor disputes to family and divorce conflicts to contracts and corporate negotiations. Ben has helped many parties reach mutually-acceptable outcomes through his expert mediation and dispute resolution services.

Contact Dr. Earwicker today, and lean on Ben’s expertise to help resolve your conflict.

Morgantown Divorce Mediation with Dr. Earwicker

Child Custody Battles. Division of Property. Asset ownership and control. Divorce mediation services can be used to resolve each of these conflicts, and more. Using virtual or in-person mediation,  Dr. Earwicker guides the parties through a process of negotiation that can result in a solution created by and for the parties themselves. Divorce mediation requires a willingness to engage and an openness to whatever solutions emerge. And as mediation.com notes, “The mediator acts as a third party, with the aim of improving communication between the disagreeing parties in order to find a suitable means of settling the dispute.” In this way, Dr. Earwicker brings a fresh perspective and the tools to make that happen. Whether you prefer virtual or in-person mediation, Dr. Earwicker can provide you with the expert divorce mediation services you need to resolve your dispute. Conflict resolution is just a click or call away.

Morgantown Divorce Mediation
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The Goal of Morgantown Divorce Mediation

You’ve already made the difficult and painful decision to pursue a divorce. You want to avoid a nasty, public court battle. You also know you need a skilled facilitator to help guide you through the conflict resolution process. The issue, then, is figuring out exactly how to work through the conflict and come out better on the other side. Just like visiting a physician for physical ailments, it’s best to seek out a professional mediator to help resolve your divorce disputes. The end goal? Resolution. Peace of mind. A fresh start. Putting all this behind you and moving on. Dr. Earwicker has the skills and experience you need for a mediated solution to your divorce disputes.

How Much Will Mediation Cost?

Prices include all mediation services, from pre-convening consultation through post-mediation settlement work.

Initial Consultation

Free No Obligation Consultation
  • 30 Minutes
  • Consultation covers the Nature and Extent of Conflict and Goals for all Parties Involved
  • No Obligation to Continue with VirNet Mediation
  • Discuss your Situation in Depth
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Hourly Rate

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for Hourly Rates and a Custom Estimate
  • Competitive Rates
  • Total Hours Depend on Nature and Extent of Conflict
  • Billing can be Divided
  • Convenient Scheduling
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Frequently Asked Questions - Morgantown Divorce Mediation

What Does Mediation Look Like?

Mediation is a structured conversation and negotiation. The parties first meet separately with Dr. Earwicker. He explores each person's goals, ideals, and interests in detail. This helps structure mediation conversations. In some divorce mediations, parties opt to provide written position statements prior to the mediation, but that is not required. After meeting with the parties, Dr. Earwicker will schedule the mediation. Typically, the mediation occurs in separate rooms. In some cases (or upon request), Dr. Earwicker will bring the parties together in the same room, either virtually or in-person. In other cases, the parties will not meet face-to-face. Either way, Dr. Earwicker facilitates the discussion and structures the mediation to move the parties toward a negotiated solution. If the parties agree on one or more issues, Dr. Earwicker provides a written settlement agreement for the parties to review and sign. Any mediation agreement is completely voluntary and between the parties to the dispute.

Do I Have to See the Other Party Face-to-Face?

In any mediation, face-to-face contact is not required for a successful mediation. Sometimes it may be beneficial to convene a joint session with the parties all in one room (either virtually or in-person). At other times, depending on the nature of the conflict, face-to-face interaction may not be desirable or warranted. Ultimately, it is up to the parties to decide whether or not to meet face-to-face. This is true whether the mediation services are provided virtually or in-person.

Is Mediation Binding?

Unlike arbitration (where an arbitrator issues a binding decision on the facts of the case), mediation does not result in a binding decision by the mediator. The parties in a mediation are the ones who decide whether to agree on one or more issues. Only they can "bind" the other party through mutual agreement. In this way, a mediation settlement agreement between the parties can be binding as a contract between them. But the mediator's job is not to make a decision. Rather, the mediator facilitates discussions between the parties and helps them arrive at an agreed-upon solution.

Do I Need a Lawyer to Mediate?

Hiring an attorney is not a pre-requisite to mediation. At the same time, you are always welcome to hire an attorney who represents you and your interests in mediation. Keep in mind that the mediator is a neutral party and does not represent either party in the dispute. Thus, you may elect to seek out legal representation if you want someone who can represent you and your interests. Ultimately, though, the success of mediation depends on the parties' willingness to engage in good faith and work toward solutions. Hiring an attorney may or may not further those goals.

How Long Does Mediation Take?

The length of mediation depends on the number and complexity of issues mediated. Some mediations with fairly straightforward issues can be conducted in just a few hours. Most divorce mediations take between 10-15 hours to complete, including pre-mediation work with the parties, the mediation itself, and post-mediation settlement work. Some mediations with more complex issues, more than two parties, or other pending legal matters may take longer. On average, though, planning for 10 hours of mediation is a reasonable estimate.

Should I Just Mediate My Own Dispute to Save Time and Money?

Mediations are like any other professional service: it is in your best interest to contract with a trained and experienced mediator like Dr. Earwicker in order to navigate the complexities of negotiations and conflict resolution. There is great value in hiring a third-party neutral - the mediator - to assist with the process of conflict resolution. A trained, experienced mediator can skillfully navigate complex interpersonal, psychological, and transactional dynamics. A skilled neutral brings a fresh perspective and a dispassionate evaluation of the situation. This third-party view, especially when coupled with expertise and skill, is an invaluable part of the mediation process.

Is Virtual Mediation as Good as In-Person Mediation?

Advances in technology have made it possible to replicate the effectiveness of in-person mediation services in remote, online, and virtual formats. Some people prefer the in-person format because of the ability to be in the same room with the other party or parties to a dispute. This can be true for any type of dispute, from divorce mediations to contract negotiations and employment disputes. However, all of the dynamics of an effective mediation (including separate "caucuses" and joint "conferences") are easily replicated in virtual platforms. Virtual mediation can also save time and money, because there are no transportation costs, and parties in different locations do not have to negotiate the location of an in-person mediation. In short, virtual mediation can be just as effective as in-person mediation services. Live video streaming and other online technologies make virtual mediation just as effective as in-person counterparts.

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