February 2, 2016 - {3:12 minutes to read} In the summer of 2015, the New York legislature passed a statute providing for post-divorce maintenance. The statute was then signed by the governor and is effective for all matters filed in Court after January 23, 2016. The statute provides a formula for computing maintenance based upon the respective incomes of the parties with a cap of $175,000 for the income of the person paying support. For a person paying support with income over $175,000, t [...]

November 10, 2015 - {3:18 minutes to read} I am attending a series of workshops for mediators who are interested in practicing mindfulness tools to help alleviate stress, impart focus and extend compassion not just to others but also to ourselves. To start in a small way, our trainer suggested as an exercise, to practice mindfulness while brushing your teeth–to really think about how the toothpaste tastes, how it feels against each tooth, the sounds.  I had to laugh because as t [...]

October 13, 2015 - {4:00 minutes to read} Recently I received a notice of a Continuing Legal Education course sponsored by a bar association on the topic of child custody. Ever the optimist, I took a look at the description and agenda hoping to find an offering on resolving custody through a non-adversarial approach. However, there was nothing offered regarding mediation or collaborative practice, both of which can be found on the website of the New York State Unified Court Syst [...]

September 29, 2015 - {3:36 minutes to read} In a previous post, I discussed the difficulty faced by a mediator when he or she needs to consider whether or not the client’s right to self-determination should be controlling in the face of an agreement that could be considered unconscionable. In my initial consultation with clients, I try to draw the distinction for them between someone who: Is unable to fully participate in the mediation; Does not have the capacity to mediate [...]

September 15, 2015 - {3:24 minutes to read} When I mentioned to a friend that I loved the balance poses in yoga the best, her reply was that she wasn’t surprised because she thought I was the most balanced person she knows. I laughed at the connection, but then when I thought about it, I do have a very strong sense of balance that plays out in many different ways. I would hate living in a place that was sunny all the time. After a string of sunny days, I long for rain, or at the [...]

August 20, 2015 - {3 minutes to read}  It’s rare that I don’t have a mediation in which at least one of the participants will say “I just want to do what’s fair.” I think that’s a reasonable statement and that they wholeheartedly mean it when they say it. But what does that really mean? Is It Fair Under the Law? Sometimes clients want to know if it is fair under the law. This assumes that the application of the law is inherently fair, which I don [...]

August 4, 2015 - {3:48 minutes to read} This question is the subject of many a treatise, panel discussion, informal debate among mediators, and heartfelt soul-searching for an individual mediator confronted with the situation. If you’ve been mediating a while, undoubtedly this has come up for you. Or if you’re a client in a mediation, you may wonder just how strong is your right to determine the outcome. The scenario: A client knows the substantive law on the issue, underst [...]

July 8, 2015 - {3:24 minutes to read} Depending on your situation, resolving your parenting plan can be the simplest or most difficult part of your mediation. I have had clients who spoke about it in advance of the meeting, and but for a few minor points, had it all resolved. I’ve also had clients who spent several meetings to achieve a plan that they both could agree was the best for their family. Most of my clients, however, will spend one entire meeting on resol [...]

June 23, 2015 - {3:36 minutes to read} I have to say that some variation on that question is often asked of me by my mediation clients. Almost uniformly, the clients who ask that question are never my most difficult. I suspect they may feel they are being difficult because they may have: Had a protracted disagreement over an issue that didn’t get resolved by the end of the meeting; Voiced resentment or frustration with their spouse; or Raised their voices as part o [...]

June 9, 2015 - {3:36 minutes to read}  New York enacted a statute several years ago to put some clarity into the process of modifying child support. The statute provides that there are three bases for a party to ask a Court to modify support: (1) a substantial change in circumstances; (2) the passage of three years since the last order or modification; or (3) that a party’s income has changed by 15% or more since the last order or modification. In a separation agreement, [...]

May 26, 2015 - {3:42 minutes to read} Imagine that you’ve been living separately under your agreement for a few years and are co-parenting with your former spouse. Things are going better than you ever imagined, your children are happy, and then your former spouse informs you that she will be losing her job unless she accepts a transfer to Florida. Because that job results in a significant increase in salary, and because she then will be able to be close to where her parents and [...]

May 12, 2015 - {3:48 minutes to read}   We often use and hear the term “best interests of the children.” You would imagine that if applied consistently, the results would also be consistent, but that is not necessarily true. It all depends on the process used and who is making that determination. Litigation If you are in litigation, you might think it is the judge who makes the determination, presumably based upon applying case law to the facts before him or her. Ho [...]