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Mediation Blog

Topic: Agreement | 85 post(s).

August 12, 2021 -   There are many special occasions to share in your life and the lives of your children. When divorcing, however, those occasions can become mini-battlegrounds, causing discomfort to visitors and your children. If you have children, you will be co-parenting for life. In mediation, we can build in ways to handle conflicts as the lives of you and your children move forward. [...]

May 18, 2021 - {3 minutes to read} The idea of a prenuptial agreement is familiar to most people — an agreement that a couple can enter into before their marriage that can provide how property and debt will be distributed in the event of death or a divorce. It can also provide for paying or waiving spousal support. But what exactly is a postnuptial agreement, and why would anyone want one? A postnuptial agreement is an agreement that a married couple can create to do the very th [...]

April 30, 2021 - {4 minutes to read} I often receive phone calls from potential clients telling me that they have settled everything and just want me to write up their agreement. When faced with this request, I explain that this is not what I do and why mediation would still be important even if they have discussed and agreed upon terms.  Terms that were Not Addressed Even if there are no minor children, it’s difficult to navigate through all of the terms that need to be con [...]

April 7, 2021 - {3 minutes to read} I understand that there are some mediators in favor of mediation via email. Those that I have encountered are conducting commercial or other multi-party mediations. The positive aspects include:  easier scheduling; parties from other states, or even countries, can participate without travel or time zone constraints; parties can take time to draft an appropriate and more reasoned response; and parties can easily find information from prior & [...]

March 24, 2021 - My previous two videos on Child Inclusive Mediation discussed the child interview and the parent meeting. In this video, we look at the parenting plan that can be created as a result of the issues and concerns raised by the child consultant’s interview of the children. This plan is not a legal document, but an agreement between the parents in their own language which they can start to use immediately.   [...]

September 30, 2020 - {3 minutes to read} I know that it has been a constant refrain of mine that budgets are vital in mediation, but I learned how truly indispensable they can be during a recent one. The couple were both high-wage earners, and one parent was agreed upon to be the primary residential parent. The non-residential parent proposed a different type of child support payment in which, rather than payment of the standard child support that would be calculated under NYs Child Support [...]

August 12, 2020 - {3 minutes to read} Now that you have decided on the access schedule you will use in your equal parenting plan, there are some other terms that you might want to include in your agreement. Tweaks to the On-Duty Parent Responsibilities Typically, the on-duty parent is responsible for everything having to do with the children during their access time. But, you may want to modify that in some circumstances:  If you have children with different extracurricular acti [...]

July 30, 2020 - {3 minutes to read} Reaching the agreement that you both want to share substantially equal time with your children is clearly a very meaningful decision, but it isn’t the only decision you will need to agree upon in terms of your parenting plan. There are many options in terms of parenting schedules that you will need to consider, and that can be a source of conflict. There is no “right” schedule, as it all depends on your children, their developmental [...]

July 16, 2020 - {3 minutes to read} Since New York on PAUSE went into effect, parties have been mediating virtually — either online or by phone, and this may even continue as businesses begin to reopen. I would like to share with you some of the differences that I’ve noticed in my mediation meetings via Zoom. Technical Difficulties We all may be subject to an unstable internet connection and noisy distractions from dogs or others in your household. Your mediator should let [...]

June 30, 2020 -   Though the end of year holidays may be long over when this video is published, those holidays prompted my discussion of this topic for divorced couples. Sharing the kids during all of the holidays throughout the year is often a difficult subject to tackle, but there are some practical ways to work out the logistics so that your kids will have good memories of spending holiday time with their parents.  [...]

March 13, 2020 - {4 minutes to read} Are all family disputes the same? Of course not. Divorce mediation is different from mediation involving the contest or interpretation of the provisions of a Will or Trust Agreement. But clearly, they have similarities: Ongoing Relationships While some familial relationships may have always been troubled, it’s likely that at some time, the parties probably got along well. And they may need to continue to get along for the sake of attending ext [...]

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 [...]

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