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Mediation Blog

February 20, 2020 - In this video, the last of the series on Equitable Distribution, we look at the implications of the statute to parties in mediation. It is important for clients to know what the law provides, and what is likely to happen in Court, whether they are in mediation or not. Then, when in mediation, they can make informed decisions as to whether to apply or waive the provisions of Equitable Distribution. [...]

February 5, 2020 -   In my last video, I mentioned marital property as a part of the discussion of Equitable Distribution. In this video, I want to explain the difference between assets that are separate property and those that are considered marital property. [...]

January 22, 2020 - There are 14 factors that are used by courts and attorneys to determine an equitable distribution of marital assets. In mediation, the couple makes these determinations together. Taking the time to review the factors, however, you may find one that resonates with you, and allows you to make a proposal to your spouse that will take into consideration its relevance to you and explain why you think you should get the property distribution that you are proposing in your me [...]

January 8, 2020 - {4 minutes to read} When I’m being mindful of what I’m saying, I can stop myself from using the word “but” after I’ve just apologized to someone. I recognize how off-putting that can be to the person to whom I’ve just apologized, and that it effectively negates everything that I said before the but. When I really don’t believe I’m at fault, though, I may very well end up with an apology followed by “but I didn’ [...]

December 10, 2019 - {4 minutes to read}  In other posts, I’ve often touted the benefits of working with a financial professional, either together or separately, during a couple’s divorce mediation. In this post, I want to summarize the circumstances under which I think a mediation would progress most easily, and that is if both spouses worked with a financial professional who acts as a neutral. While the training and expertise of the financial professionals would be the sa [...]

November 26, 2019 - {4 minutes to read}  You and your fiancé have discussed the terms that you would want in your prenuptial agreement. You seem to be in agreement, so you feel that there is nothing to mediate and don’t see the need for a mediator when you could just have your lawyer draft the agreement and your fiancé can have an attorney review it. So, why involve a third professional and incur an additional fee when nothing is really in dispute? You May Not Have [...]

November 13, 2019 -   Prenups illicit very negative reactions, but there are a lot of valid reasons why someone would want a prenup and it doesn't have to mean that they think that your marriage is doomed to fail. You are going to want your marriage to be a collaboration and mediation is a collaborative way to create a prenuptial agreement. [...]

October 29, 2019 -   To find out what you’re entitled to, you need to go to court. But going to court does not guarantee you will get what you want. When someone focuses on entitlement, there are usually some underlying emotions that need to be addressed. If those underlying emotions haven't been dealt with in a productive way, you're not going to be able to move forward in the positive way that you're looking for. [...]

September 25, 2019 - {4 minutes to read}  At a recent conference for divorce and family mediators that I attended, I heard a panel consisting of judges, hearing officers and law clerks speak to the reality of the court process. Here are some of the negative consequences they raised: Timeframe Although there are rules that say the entire process in New York County would be “trial ready” in less than a year after filing, the reality is that it could be two years or more to g [...]

September 11, 2019 - {3:30 minutes to read} Both the clients and the mediator want to be sure that the first meeting is productive, both because of the cost involved and because everyone wants to feel that something was accomplished and momentum is building. That’s why at the initial consultation I suggest clients to do the following before scheduling the first meeting: Review the checklist I provide. To the extent that it’s productive for them to do so, I suggest that clients [...]

August 7, 2019 - {3:30 minutes to read} Separating from someone you’ve loved, trusted, and who, most likely, was your best friend, is an incredibly scary concept on a deeply personal level. On top of that, you are also likely worrying about how this will affect your children, as well as how you will afford to pay your bills. It’s completely understandable that you’re concerned and frightened by both the process and the future. Add to that, how hard it would be to expre [...]

July 24, 2019 -   In my practice, I have found that one spouse is often prepared to move forward with a divorce, while the other may not have even come to terms with the fact that the marriage is ending, let alone be ready to discuss divorce. In this video, I outline a few suggestions that may help if you find yourself in a situation like this.  [...]

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The contents of this editorial should not be considered legal advice. The information provided in this editorial is intended to be general information and is not intended to be a substitute for a consultation with an attorney. Each case and situation is different and must be handled based upon the specific facts and circumstances unique to that case. For specific answers to questions on an individual case, it is best to consult with an attorney. Attorney Advertising