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Mediation Blog

Topic: Agreement | 80 post(s).

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 [...]

November 13, 2019 -   Prenups illicit very negative reactions, but there are a lot of valid reasons why someone would want a prenup and it doesn't have to mean that they think that your marriage is doomed to fail. You are going to want your marriage to be a collaboration and mediation is a collaborative way to create a prenuptial agreement. [...]

September 11, 2019 - {3:30 minutes to read} Both the clients and the mediator want to be sure that the first meeting is productive, both because of the cost involved and because everyone wants to feel that something was accomplished and momentum is building. That’s why at the initial consultation I suggest clients to do the following before scheduling the first meeting: Review the checklist I provide. To the extent that it’s productive for them to do so, I suggest that clients [...]

July 10, 2019 - {3:30 minutes to read} In my last video, I promised some creative win/win options that you could take when it came to the division of your home. Since they could be a little complicated and hard to follow, I thought it would be better to present them in a written blog.    Can’t Refinance Right Now Let’s say that you both agree that there will be a buyout and a refinance, but it will take some time for the “buyer” to qualify for a loan [...]

May 1, 2019 - {3:00 minutes to read} One of the things you will be asked to address in mediation is what, if any, changes will be made to child support. In a previous post, I wrote about New York’s statute that would permit parties to file for a modification for support under certain circumstances. But, if you’re mediating now, you certainly would want to avoid having to go to court to modify child support in the future. It’s best to include the changes to support t [...]

April 3, 2019 - {3:30 minutes to read} There are two diametrically opposed views as to the value of an attorney versus a mediator. In terms of settling a matrimonial matter, each believes the other is not necessary. “There is no need for a mediator.” Some matrimonial attorneys believe that two attorneys can negotiate for the parties and reach a settlement — why the need for a third party? After all, attorneys have been settling cases forever, and it works.   M [...]

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