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Mediation Blog

Topic: Clients | 74 post(s).

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 [...]

August 17, 2018 - {3:42 minutes to read}  One of the major benefits of mediation is that parties make the decisions about their lives and the lives of their children. Self-determination is an awesome responsibility in that regard, and couples should be prepared to accept that responsibility when choosing to mediate. To me, this would mean that parties should make sure that they have all of the resources they may need in order to make the best decisions they can. Choosing the Mediat [...]

July 27, 2018 - {3:00 minutes to read}  I’ve had clients who completed their mediation and signed an agreement in a few months and others who take years to complete a mediation. While complexity and the amount of conflict surely play a role, there are clearly other factors in play. Not ready for the process yet. It’s unusual for both parties to be in the same place in terms of accepting the end of the relationship. That said, both may agree to move forward with the se [...]

June 6, 2018 - {3:00 minutes to read}  Why would you want to continue living together with your ex after you sign a separation agreement? Many couples feel that financially, they have no choice but to live together. It could be because they are waiting for the closing on the sale of the home before they can both move out or that they agreed that they could both save money for a period of time if they lived together. Living together for any period of time can lead to unintended si [...]

May 23, 2018 - {2:42 minutes to read}  As a divorce mediator, I certainly expect to have clients express strong emotions, including anger. But I’ve encountered a few clients recently who made me recall my earlier post on the difference between anger and bitterness. The definitions of anger and bitterness are similar: Anger: a strong feeling of annoyance, displeasure, or hostility. Bitterness: anger and disappointment at being treated unfairly; resentment. The definit [...]

May 9, 2018 - {4:00 minutes to read}  Separating is a painful and emotionally draining process. Needlessly prolonging the process will only add to that, however, it is within your power to insure that time in the meetings is not wasted. Here are some additional steps that you can take to insure that mediation fees remain reasonable by limiting the number of sessions that are needed. Know what mediation is all about and why you’re doing it. When I ask clients why they have [...]

April 25, 2018 - {4:00 minutes to read} The mutual goal to reduce the financial costs of a separation is a primary motivation for most of my clients, second only to the desire to reach an agreement with as little rancor as possible. Regarding the financial costs, however, there are steps that clients can take to ensure that mediation fees remain reasonable by limiting the number of sessions that are needed. Complete Your Work Between Meetings At the end of my summary of the meeting, I [...]

April 12, 2018 - {4:30 minutes to read}  Over the years I’ve been mediating, I’ve been asked by potential clients if the following concerns would mean that they could not mediate their separation. Here are some of their questions and my responses:We disagree on everything.  Disagreement in mediation is to be expected. Since mediation is a process which aims to resolve conflict, a mediator is trained to help the two of you do just that. I am very angry at my spouse [...]

March 14, 2018 - {3:42 minutes to read} Interim agreements are agreements that determine certain terms before the parties sign a comprehensive separation agreement. Some of the topics that may be covered by these kinds of agreements could be:  How to handle the sale of a house; Support and parenting plans; A provision that marital assets stop accumulating as of a certain date; and Arranging for the disposition or purchase of a particular asset. Typically, in my practice, cl [...]

February 27, 2018 - {3:48 minutes to read} In New York, we refer to “joint legal custody” as joint decision making in which neither parent has a superior right to make decisions for the children. It sounds reasonable, and most parents agree to joint decision making without much thought. But then I ask “What do you think will happen if you can’t agree upon a major decision?” A large percentage of my clients believe that they will not have any substantial confl [...]

October 18, 2017 - {3:24 minutes to read} So, you just learned that your spouse had an affair, or you receive an unexpected request for a divorce. How do you react when someone you thought you knew, and your life with that person, is turned on its head? If you’re a really remarkable person, your first reaction would be to exhibit strength and grace in the face of this event that upends your world. If you’re like most of us, though, the first reaction would be a combination of [...]

October 4, 2017 - {3:18 minutes to read} In my past life advocating for clients in an adversarial process, getting to the point of splitting the difference was the last settlement proposal, and timing was everything. If your first offer is close to what you really want, there will be little room left to split the difference if your adversary low-balls their demand. For example, if you are looking for $5000 and ask for $5000 in support and your spouse offers $2000, you are going to lose in [...]

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