Mediation or Arbitration
Daniel Willems
You can depend on exceptional mediation services from Willems Law Firm.
This process greatly reduces stress in your situation. Listen to Judge Artis Reis discuss “Alternative Dispute Resolution“:
We can help you avoid a slew of unsavory consequences that accompany going to court to resolve conflict.
- Financial – attorney fees, loss productivity, time loss
- Physical price – stress, accidents, lack of sleep
- Intellectual price – adversarial assumptions
- Emotional price – anger and distrust
- Social price – broken relationships
- Spiritual price – Imbalance
- Systemic price – dysfunction
Know that We Have Your Best Interest at Heart
Your good name, mindset, and finances are concerns for us, which is why you should choose mediation and arbitration over a trial.
Our office has full intentions of helping you seek justice in an affordable, stress–free and honest environment.
MEDIATION:
A mediator assists the parties resolve their differences by:
- Guiding discussion
- Identifying problems needing solutions
- Listening and making sure each side is understood and understands the other side
- Focusing the parties on their interests
- Helping to explore solutions
- Testing ideas to make sure they are workable
- Helping to draft the parties agreement
Resolution of the conflict in mediation will happen only if BOTH sides agree. The mediator does not make decisions for the parties.
ARBITRATION:
A neutral trained arbitrator is selected by the parties to decide the outcome of the issues between them. The process can be customized to the needs of the parties. Decisions can be made more quickly. The outcome can be confidential. Arbitration is often used in business transactions, but Iowans may find its use increasing in family law cases as the waiting time for trial increases.
COLLABORATIVE LAW PROCESS:
Parties can agree to work together to resolve conflict and furthermore agree to hire attorneys who are not allowed to go to trial and must resolve the conflict by other means. For a more detailed review our collaborative law page.
Will or trust — which estate planning tool fits your Iowa situation? Learn how Iowa probate works, when a trust helps, and what Cedar Rapids families should consider.
Choosing a Power of Attorney can seem like a daunting task, but it is a crucial step in planning for the future. Your Power of Attorney (POA) will have the power to legally handle your financial and legal affairs in the event that you become incapacitated or are no longer able to make decisions for yourself. When you choose your Power of Attorney, there are a couple of things you should keep in mind. If you own your own business or have substantial business interests your Power of Attorney will become responsible for, you may want to consider choosing a person that has a thorough understanding of your business or business interests. If you have someone in mind you want to name as your POA, it might be beneficial to have a conversation with that person to discuss what their responsibilities would be and the depth of their financial and legal knowledge. In addition to the above considerations, there are also certain characteristics and qualifications that your Power of Attorney should possess. When considering potential POA’s, make sure the individual possesses most, if not all, of these qualifications. Your Power of Attorney should be someone who: Will act in your best financial and legal interest. You trust and who understands your values. Has legal or financial experience. Has a comprehensive understanding of their duties. Will commit to taking those duties seriously. Is able to collaborate with attorneys and accountants. Knowing how to choose your Power of Attorney starts with knowing what your POA’s responsibilities will be. Before making your decision, sit down with your lawyer to discuss the potential duties of your Power of Attorney. Once you’ve outlined these duties, you can begin the decision-making process. Contact Daniel Willems to begin the process of choosing your Power of Attorney.
While common law marriage does exist in Iowa, it could be difficult to prove. The couple has to meet certain requirements for the courts to consider them married under common law. Additionally, once a couple is considered married under common law, they cannot simply walk away from the marriage if differences arise—they must be divorced by a court of law. Common-Law Marriage Requirements Though Iowa does not have a specific time requirement for a common-law marriage, for a couple to be considered married under common law, the couple must meet three elements: Present intent and agreement to be married by both parties; Continuous cohabitation; and A public declaration that the parties are husband and wife. These elements were laid out in In re: Marriage of Winegard, 278 N.W.2d 505, 510 (Iowa 1979) and again in In re: Marriage of Donetta Rae McWilliams and Aaron James Capalite 15-0909 (Court of Appeals, Filed Aug. 31, 2016). The appellate court in Capalite goes on to say that an express agreement is not required, but that element could be an implied agreement, meaning that one of the parties considers himself or herself as part of a marriage as long as the other party’s actions do not deny the actions and words of the party showing intent to be married. Furthermore, the parties cannot meet just one of these elements. Just because a couple lives together, it doesn’t mean they have a common-law marriage. Additionally, a couple will not be considered married under common law if they purport to be married only when it suits the current circumstances. The courts look to several factors to determine whether a common-law marriage exists, including but not limited to: Whether the couple has joint bank accounts; If a mortgage is in both names or in one party’s name; Whether the couple files tax returns as single or married/married filing separately; Whether the couple adds each other as beneficiaries to insurance policies; and Whether the couple has deeds and/or titles in their names together. To meet the third element, it must be publicly known that the couple is husband and wife. This may be shown by friends and family testifying that the treat the couple as married, receiving mail as ‘Mr. and Mrs.,’ or having each party’s relatives referring to the other party as in-laws. Divorce and Common Law Marriage The law looks at marriage as a contract between two people. Thus, a common-law marriage must be dissolved just as a conventional marriage is dissolved—through the courts. Essentially, you must break the contract, whether it is a settlement you both agree to or a court order. If one party denies that the couple was married, part of the divorce proceedings might be determining whether the couple was married. A couple in a common-law marriage is subject to all the tenants of divorce just as a couple who was registered to be married, including but not limited to: Spousal support; Child support; Custody and visitation issues; and Distribution of property, including real estate, personal property, retirement accounts and liabilities. Before you decide to act married in Iowa, take into consideration that you may be married in the eyes of the law. Contact an Iowa Family Law Attorney If you are in a common-law marriage and you decide to end the relationship, contact an experienced Iowa family law attorney, like Daniel Willems to help you with divorce proceedings. Request a consultation with Daniel to get started today.