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Mediation Blog

February 15, 2011 - You may be aware that New York State adopted a statute in October regarding the calculation of temporary maintenance at the same time that the State enacted the no-fault ground for divorce. The statute provides a formula for calculating an award of temporary maintenance in the event that a litigant in a divorce action brings a motion seeking an award of support during the pendency of the action (temporary maintenance). So, what does this mean in mediation? That is up fo [...]

January 7, 2011 - It is very difficult in New York State to be successful in a Court action to set aside an agreement for the reason that if it was easy to change separation agreements, people would not spend the time and the money to enter into them. This would then result in more litigation, which is not what the Courts want. Among factors that a Court will consider is whether or not an agreement is unconscionable or if one of the parties was unduly influenced. The standards are the sam [...]

October 20, 2010 - Some people are afraid that if they do not hire a lawyer, they will not receive everything to which they are entitled or that they will end up with an unfair agreement. That need not be a concern. In addition to using an attorney to review your agreement at the end of the mediation, parties in mediation may see an attorney both before and during mediation, and in some cases it is beneficial for a party to come to mediation with an attorney. In my mediations, I always tel [...]

September 16, 2010 - If that were true, there would be no need to mediate. Of course people who disagree can mediate, just like people who are angry can mediate and people who don’t really like each other can mediate. All they have to do is agree to mediate, not agree upon every issue between them. Mediators do not expect their clients to talk quietly and never raise their voices, and a mediator truly has to feel comfortable being in the middle of people expressing anger and frustratio [...]

August 16, 2010 - If you and your spouse have decided that you need to separate, it would seem that the last thing you would want to do is to engage in a process that would be costly, inefficient and likely to increase the rancor between you. Yet, that is sadly what most couples unknowingly do if they believe that they have no option other than to litigate their divorce. Mediation is a more sane option that is likely to resolve the couple’s conflicts with an emphasis on reaching an [...]

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