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Mediation Blog

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 [...]

September 20, 2017 - {4:18 minutes to read} I’ve heard many complaints regarding divorce mediation: “It might be okay for simple matters but not for anything complicated.” “It’s too touchy-feely.” “You give up all of your rights when you mediate.” These types of complaints are easily dismissed as biased and uninformed; however, there are some complaints I’ve heard which I agree should be taken seriously. Mediator Lacking Relevant [...]

September 7, 2017 - {4:00 minutes to read} I recently heard an interview of Connie Shultz, the spouse of Sen. Sherrod Brown of Ohio. She shared that since 2007, the motto of her life has been "no whining on the yacht." It began after her husband had just been elected Senator. She was publishing her second book, and life was good. At one point, she complained to her editor about the deletion of a litany of stories detailing the wrongs she felt occurred in the senate race. Her editor insiste [...]

August 16, 2017 - {3:54 minutes to read} After working with a couple who had particularly good communication skills and consequently had achieved an agreement with relative ease, I gave some thought as to how this couple was different from some of my other clients. And then I remembered that, following the first 100 days of the new administration, my friend and fellow mediator, Ada Hasloecher, posted five lessons for parties in mediation. I decided I couldn’t do it any better mysel [...]

August 2, 2017 - {4:24 minutes to read} Nesting is a shared parenting concept that allows the children to stay in the marital home while the parents go back and forth. The idea is that the children will be able to remain in one familiar place, have no concerns about where they are on what day or what they need to take with them. Typically, parents who choose this will be sharing time in the home with the children on an equal basis. To see if this might work for you, consider the followi [...]

July 19, 2017 - {3:54 minutes to read} I just returned from the annual gathering of the NYS Conference on Divorce Mediation. This is my 12th conference, and I was as excited to go to this one as I was to my first. While the focus is on education with plenaries and workshops on various aspects of family law and mediation theory, there is undeniably another element that plays a very big part. Whether we do it full time or not, are experienced mediators or just starting out, we all feel t [...]

July 6, 2017 - {3:06 minutes to read} In the previous part of this series, we looked at parental considerations in relation to a child’s college education. In this final post, we will discuss the child’s role with regard to their college education and any credits against child support. Should there be a contribution from the child? Do you believe that the child should be responsible to pay for part of college, through loans or otherwise? This has both philosophical (shou [...]

June 21, 2017 - {3:18 minutes to read} In Part 1 of this series, we looked at parental considerations in relation to a child’s college education. In Part 2, we will define typical college expenses and look at limits on what a parent will contribute. How do you define “college expenses? Is it just tuition, room and board, or do you want to consider other typical expenses that will be due? In addition to tuition and room and board, most parents include a provision to share: [...]

June 5, 2017 - {4:00 minutes to read} Certain children’s expenses must be paid in addition to child support, according to the child support statute: medical insurance premiums, unreimbursed medical expenses and child care expenses. These are mandatory add-ons. Then, there are expenses that may be ordered at or in the Court’s discretion, including post-secondary educational expenses. The Court will consider the parties’ circumstances and what is in the best interest o [...]

May 19, 2017 - {4:00 minutes to read} I often caution clients against including language in their agreement which is basically just an agreement to agree: anything that begins with “The parties will agree upon...” or “The parties agree to review...” But it depends on the issue and on the couple. Sometimes it makes sense not to spend an enormous amount of time either on something that is not all that contentious or something not likely to happen. Other times, th [...]

May 3, 2017 - {3:36 minutes to read} I recently attended a panel discussion on how to determine income in a matrimonial mediation. The panel consisted of a litigator, a mediator and a financial professional. The idea was to show the different approaches each would take in cases where income was hard to determine, such as self-employed parties, cash income, other complicated financial situations, or when a party just refuses to disclose relevant information. That got me to thinking abo [...]

April 19, 2017 - {3:48 minutes to read} While the history of a client’s relationship is obviously relevant to them, its relevance to the mediation is not necessarily the same. If there is a dispute as to whether or not an event occurred, my role is not to determine the truth. That would be in the realm of litigation. In mediation, its relevance has to do with the effect that those beliefs about past events have on each party’s ability to work with the other in the process an [...]

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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