March 27, 2024 -   In this video, Clare introduces the idea of using objective standards to evaluate a separation agreement, especially when spouses have differing views on what's fair. If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com. [...]

December 16, 2021 - {4 minutes to read} The most typical way a pension is divided would be through a Qualified Domestic Relations Order (QDRO). A QDRO provides that, at retirement, the marital portion of the pension will be divided in the way that you have agreed upon in your Separation Agreement, usually 50%. The marital portion is the part that accumulated during the marriage. But you’re in mediation, so you don’t have to do what is typically done. Especially if the QDRO does [...]

April 30, 2021 - {4 minutes to read} I often receive phone calls from potential clients telling me that they have settled everything and just want me to write up their agreement. When faced with this request, I explain that this is not what I do and why mediation would still be important even if they have discussed and agreed upon terms.  Terms that were Not Addressed Even if there are no minor children, it’s difficult to navigate through all of the terms that need to be con [...]

September 16, 2020 - {3 minutes to read} In an earlier post, I described the benefits of using a financial professional who acts as a neutral in mediation, but sometimes that may not work for you. Here are some factors to consider when deciding which will be best in your case. An Advocate If you choose to have the financial person be an advocate, they would be acting in the same way that an attorney would act on your behalf — looking out for your interests and how to achieve the bes [...]

March 13, 2020 - {4 minutes to read} Are all family disputes the same? Of course not. Divorce mediation is different from mediation involving the contest or interpretation of the provisions of a Will or Trust Agreement. But clearly, they have similarities: Ongoing Relationships While some familial relationships may have always been troubled, it’s likely that at some time, the parties probably got along well. And they may need to continue to get along for the sake of attending ext [...]

September 20, 2018 - {3:30 minutes to read} I tend not to use the word “settle” with clients in mediation. Although to settle is defined as “to reach agreement or decision...,” I prefer to use the phrase “to agree upon terms.” To me, to agree upon terms in mediation is quite different from settling on terms which have been hashed out by attorneys in an adversarial setting. In an adversarial setting:  Each attorney’s role is to advocate for t [...]

March 20, 2017 - {3:24 minutes to read} One question that I’m asked by clients fairly often is, “Do you think I should accept this?” Or “Is it good for me to do x, y or z?” I understand why a client would ask. But, like the question, “Do you think that this is fair?” it’s not one that a mediator can answer (Fair is in the Eye of the Beholder]. It certainly seems expedient, especially if the couple just wants it all to be over. The mediator [...]