Divorce with Dignity

Divorce with Dignity. Mediation allows privacy, fairness and respect! By Terry Bankert 01/29/08 http://attorneybankert.com/index.php First Posted to Flint Talk http://flinttalk.com/viewtopic.php?p=23730#23730 [posted also to Google blog Good Morning Flint, Flint Citizen,Craigs list,Face Book and My Space, feel free to repost] Last week I began and completed a 40 hr hands on mediation training. there are 2 small steps to go and I will qualify for court ordered mediation. My objective is to grow family and community dispute mediation as a significant portion of my law practice and community involvement. So yes the following does look a little like advertising. I believe if you talk the talk you must walk the walk. Mediation is the foundation for the new kinder gentler, fairer Terry Bankert. Stay tuned. So let me begin. To legally dissolve a marriage, a lawsuit must be filed, but it is no longer necessary to follow the traditional path of litigation to work out the terms of the divorce. Today many couples are turning to mediation to resolve their disputes and negotiate the terms of their divorce. I have been involved in community mediation since 1987 during my stewardship of the Flint Ombudsman office. Mediation builds for the future not tear down because of the past. Mediation is a process in which an impartial third-party mediator facilitates the resolution of a dispute by promoting voluntary agreement by the parties. The mediator facilitates communications, promotes understanding, focuses the parties on their interests, and seeks creative problem solving to enable the parties to reach their own agreement. The mediators can guide you to settlement, prepare the paper work , start to finish, allowing your family to walk with dignity as its members embark on new paths. Goals of Divorce Mediation Whether divorce mediation is agreed to voluntarily by the parties, or is court-referred, the goals of the divorce mediation process are to: Create an equitable, legally sound, and mutually acceptable divorce agreement; Avoid the expense and trauma that often accompany litigation; and Minimize hostility and post-dissolution controversy. Why Divorce Mediation? As the number of divorces has increased, divorcing couples have frequently become frustrated with the humiliation ,excessive costs and delays associated with an overburdened, adversarial litigation system, and have sought ways to play a greater role in determining the details of their divorces. Likewise, the court system has recognized the importance of developing methods of handling disputes outside of the courtroom, and so court-related mediation programs have increased in popularity around the country. Today, mediation, either voluntary or court mandated, is the predominant form of alternative dispute resolution for divorcing couples. Divorce Mediation: Advantages Mediation is a forum in which a neutral mediator facilitates communication between parties to promote reconciliation, understanding, and settlement. Mediation is particularly suited to divorces and other family law proceedings because there is likely to be a continuing relationship between the parties, especially if minor children are involved. Many divorcing couples find mediation allows them to avoid the high financial and emotional costs of a litigated divorce. Because settlement is generally quicker, costs are reduced. Mediation also allows couples to avoid the risks of trial, protects confidentiality, and decreases stressful conflict. Mediation may also protect the children of a marriage from the pain of parental conflict. Because the parties work to create their own agreements, couples who mediate their divorce settlement often find greater satisfaction than those who go to trial. Moreover, the couples learn skills to help them resolve future conflicts. The Divorce Mediation Process Mediation preparation is often limited, as there is no formal discovery. Frequently, mediation begins with a "general caucus" where the parties and the mediator meet in the same room. The mediator establishes the ground rules in an "agreement to mediate." In court-mandated mediation, the court order will often contain or refer to the "rules of mediation." One of the most important mediation rules is the requirement for confidentiality. Typically, all matters disclosed or occurring during mediation, and any record made during the procedure, are confidential and generally may not be disclosed to anyone unless the parties agree to the disclosure. The parties in a mediation are not required to reach an agreement, and sometimes they do not. Whether the case settles or reaches an impasse, the mediator usually meets with the parties together at the end of the session. If the case has neither settled nor reached an impasse, the mediator will likely encourage the parties to attend another mediation session. If the case does settle, the mediator will urge the parties to sign a settlement to memorialize the agreement. Generally, there is no record of the mediation session, and the only document produced is the settlement (or mediation) agreement. My office will prepare all documents necessary to cause entry of your court judgement of divorce. If settlement is not reached the parties may decide to litigate. If you would like to explore the mediation process and Divorce with Dignity both of your are invited to call for an appointment. The first meeting can be in my office , your church or another neutral setting you decide on. Terry Bankert P.C. 235-1970 or through http://attorneybankert.com/ 34493

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An Afican American president? Why not!!!!!!

GOOD MORING FLINT! BY Terry Bankert 01/27/08 http://attorneybankert.com/ Posted also to Flint Talk http://flinttalk.com/viewtopic.php?p=23607#23607 ( and also posted craigs list,My Space, Face Book, Flint Internet Citizen, Good Morning Flint Blog ,others but not Flint Town Talk) - A BLACK MAN MAY BE PRESIDENT OF THE UNITED STATES OF AMERICA, HOW FAR WE HAVE COME?(TRB) Strong black vote helps Obama in South Carolina [WJRT12012608) COLUMBIA, S.C.(01/26/0 --Barack Obama has routed Hillary Rodham Clinton in the racially-charged South Carolina Democratic primary Saturday night, regaining campaign momentum in the prelude to a Feb. 5 coast-to-coast competition for more than 1,600 Democratic National Convention delegates. [WJRT12012608) This presidential primary system. By the National Convention the impossible will have happened in American. A woman and an african American will acccept the nomination for either president of the United States or for Vice President. We may very well have boyj of them on the ticket. (Trb) Former Senator John Edwards of North Carolina is running third, a sharp setback in the state where he was born and scored a primary victory in his first presidential campaign four years ago.[WJRT12012608) We do not need a hair cut and a suit. We need leaders, (trb) About half the voters were black, according to polling place interviews, and four out of five of them supported Obama. Black women turned out in particularly large numbers. Clinton and Edwards each won roughly 40 percent of the white vote, with about 25 percent going to Obama.[WJRT12012608) My not,why not black women supporting a black famlily man, why not a community throwing behind its own. This is the way it has been for 150 years or more in Amreica. Why not Obama.(trb) The victory was Obama's first since he won the kick-off Iowa caucuses. Clinton scored an upset in the New Hampshire primary a few days later. They split the Nevada caucuses, she winning the turnout race, he gaining a one-delegate margin.[WJRT12012608) In an historic race, she hopes to become the first woman to occupy the White House, and Obama is the strongest black contender in history.[WJRT12012608) The South Carolina primary marked the end of the first phase of the campaign for the Democratic nomination, a series of single-state contests that winnowed the field, conferred co-front-runner status on Clinton and Obama but had relatively few delegates at stake. [WJRT12012608) Get invovled in this presidential constest. The result will change our world. (Trb) That all changes in 10 days' time, when New York,Illinois and California are among the 15 states holding primaries in a virtual nationwide primary. Another seven states and American Samoa will hold Democratic caucuses on the same day. [WJRT12012608) Your grand kids will ask you if you were involved in this election. Get ready to tell them yes.(Trb) Posted here by Terry Bankert http://attorneybankert.com/ This is my somewhat dailey blogg. I use the technique of having a conversation with a news artice from local or other media. I posted on the TV 12 web site. I suggest you do that also. TV 12 has the best internet information and access in the Flint Area. I just finished my formal training as a mediator. I am now a peacekeeper activley engaged in alternative dispute resolution. The theory is Keep it out of court! Call if I can help 810-235-1970 –where did this stuff come from-- [WJRT12012608) WJRT TV 12 ABC Flint Mi 01/26/08 http://abclocal.go.com/wjrt/story?section=news/politics&id=5916945 (trb) Commtents of Terry Bankert http://attorneybankert.com/ 34068

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GMF 01/26/08

GOOD MORNING FLINT! 01/26/08 A somewhat Dailey blog by Terry Bankert http://attorneybankert.com/ President Bush wants Congress to broaden the government's powers to eavesdrop on private conversations without court approval. VOA White House Correspondent Scott Stearns reports, a controversial public surveillance law is set to expire February 1.(SR) President Bush says the government's ability to listen-in on telephone calls is critical to fighting terror. (SR) —SUMMARY– Wire tapping bad, terrorist bad, wire tapping needed, oversight needed, Bush is wrong to not advocate stronger oversight of the wire tapping ability.(trb) ___ As much as I instinctively oppose this I have to agree.(trb) "One of the most important tools is to be able to figure out the intentions of an enemy that still wants to do us harm," he said. "If they are making calls into America, we need to know why they are calling, what they are thinking, and what they are planning."(SR) We have to recognize how people communicate. Much communication occurs on the phone and the internet. Name a person who does not have a cell phone or an emaill address.(trb) U.S. intelligence agents currently monitor international phone calls between people in the United States and suspected terrorists under a law known as the Protect America Act. That law expires next Friday, but President Bush says the threat to America will not.(SR) We need a full review by congress with a focus on constitutional safeguards and then continuation of the prodigy of this act.(trb) He wants legislation that permanently extends that authority, grants broader powers to wiretap without court approval and gives legal immunity to telephone companies that have helped the government monitor communications.(SR) Extending the authority is reasonable and should be done. As authority is broadened with less incremental court review, that review must become more mandatory and periodic and deeper. The private sector should get no immunity. Their own sense of self preservation will force their questions into court which will protect us all. I do not want government walking hand in hand with the private sector when my rights to privacy are at stake. (trb) "It will maintain the vital flow of intelligence on terrorist threats," he added. "It will protect the privacy of Americans while making sure we do not extend those same protections to terrorists overseas. It will provide liability protection to companies now facing billions of dollars in lawsuits only because they are believed to have assisted the efforts to defend our nation following the 9/11 attacks."(SR) All I ask is that Congress give this a full and meaningful debate as to the adequacy of the protections. The results of the lawsuits will make for a better America. Corporate American was took quick to violate our privacy rights. We are not a fascist society, they are accountable.(trb) The president told a meeting of House Republicans in the state of West Virginia that the government's ability to respond quickly to new threats will be weakened if the law is not renewed in time.(SR) GW cries wolf too often.(trb) Critics say more oversight is needed to protect the privacy rights of Americans. Opposition Democrats say if the government wants to monitor communications between suspected terrorists abroad and people in the United States, it should get approval from a secret court established under the Foreign Intelligence Surveillance Act (FISA).(SR) We already have the FISA that reports to a closed congressional committee. Its all that we can reasonably do. Lets strengthen FISA.(trb) North Dakota Democratic Senator Byron Dorgan says President Bush is politicizing an issue that ought to be about protecting the nation as well as its civil liberties (SR). "We thought we had done that by putting together the FISA court," he said. "We thought we had done that by establishing a procedure that needed to be followed. We now understand that the president with his lawyers say those laws don't matter. There is in the Constitution, they say, something about the powers of the Commander-in-Chief, and he can do whatever he wants. That is a pretty dangerous interpretation of the U.S. Constitution. We debate this in so much ignorance, because almost no one knows what this administration has done."(SR) After months of resistance, the White House agreed Thursday to give Congress access to internal documents on the wiretapping program and the legal basis for its establishment.(SR) Please read the previous sentence. Who does Bush think he is!(trb) -end- My approach here is to simply take an article ( I prefer editorials) and turn it into a conversation, here a blog conversation. My purpose is to learn my own position and lay it out. In the process I learn. For the reader an opportunity to reflect on their own interpretation of information given to us by the media. I do not think we can uncritically accept unchallenged what the commercial media feeds us any longer. I do not think I do this particularly well, but I am doing it. (Trb) Posted here by Terry Bankert http://attorneybankert.com/ - (SR) Voice of America the Sterns report http://www.voanews.com/english/2008-01-25-voa47.cfm (trb) Comments of Terry Bankert 33935

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