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Mediation Blog

Topic: Clients | 85 post(s).

February 20, 2020 - In this video, the last of the series on Equitable Distribution, we look at the implications of the statute to parties in mediation. It is important for clients to know what the law provides, and what is likely to happen in Court, whether they are in mediation or not. Then, when in mediation, they can make informed decisions as to whether to apply or waive the provisions of Equitable Distribution. [...]

December 10, 2019 - {4 minutes to read}  In other posts, I’ve often touted the benefits of working with a financial professional, either together or separately, during a couple’s divorce mediation. In this post, I want to summarize the circumstances under which I think a mediation would progress most easily, and that is if both spouses worked with a financial professional who acts as a neutral. While the training and expertise of the financial professionals would be the sa [...]

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 [...]

June 5, 2019 - {3:30 minutes to read} In a previous post, I wrote about the enormous impact that a sincere apology could have on another person. There is, though, a very significant step that must come first. Taking Responsibility for Our Actions Sometimes, the intentions behind the words said or the actions taken are crystal clear, and it is impossible to say with any semblance of credibility — “I didn’t mean to do that.”   More often, though, it&rsquo [...]

April 23, 2019 -   In the past, as a lawyer it was very uncommon for me to either attend a mediation with a client or have clients bring their attorneys to a mediation with me. That was something that I always felt was a rarity in family mediation. Since I’ve become a divorce mediator, I’m not sure why, but that dynamic seems to be changing. I’m finding these meetings to be productive, and the attorneys’ presence to be helpful. [...]

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 [...]

March 20, 2019 - {3:00 minutes to read} I’m writing this after a particularly stressful December. I anticipated that the rush to complete separation agreements by the end of the year would make for an unusual amount of stress. What I didn’t count on was the perfect storm in terms of anxiety when that unusual work stress combined with all that I needed to do in preparation for the holidays. No one, including myself, wanted to be around me for any length of time. Clearly, the [...]

February 19, 2019 - {3:00 minutes to read} In many cases, clients decide to separate as a mutual decision and come to mediation without assessing any blame or fault on the other. In many other cases, though, one party feels either that the other party is to blame (i.e., if the other person had an affair) or that the other person is at fault because he or she is the one who wants the divorce against the wish of the other to stay married. In those cases, a pervasive attitude of blame or fault [...]

February 5, 2019 - {3:30 minutes to read} My knowledge of bankruptcy law is based upon what I learned in law school a very long time ago, and several Continuing Legal Education (CLE) seminars I’ve attended. I know enough to recognize what I don’t know, and when to suggest that clients consult with an experienced professional before we get involved in the mediation.   If they decide to go forward with the bankruptcy first, they will have the benefits of: Less expen [...]

November 30, 2018 - {3:00 minutes to read} It’s an admonition that many a Hallmark holiday movie has been based upon  ---    "Be Careful What You Wish For." The usual plot is that someone wakes up in the life she always dreamed about, only to find out that the life she had was so much better. In the end, she gets to go back to that wonderful life she never fully appreciated and everything is grand after all. It would be nice if we got those chances in real life, [...]

September 20, 2018 - {3:30 minutes to read} I tend not to use the word “settle” with clients in mediation. Although to settle is defined as “to reach agreement or decision...,” I prefer to use the phrase “to agree upon terms.” To me, to agree upon terms in mediation is quite different from settling on terms which have been hashed out by attorneys in an adversarial setting. In an adversarial setting:  Each attorney’s role is to advocate for t [...]

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