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Mediation Blog

Topic: Decision Making | 9 post(s).

May 1, 2023 -   In this video, I address whether guilt belongs in divorce mediation. Consider several factors: thoroughly evaluating the agreement and its consequences, seeking objective advice to assess fault accurately, and projecting future feelings to avoid potential regrets. Clients ultimately make their own decisions in mediation but are advised to do so with awareness and understanding. If you would like more information about mediation, prenups, and family law, check [...]

July 13, 2022 - Sometimes there isn’t a lot of conflict between you and your spouse, and you feel that you won’t have any problems with joint decision making but including a default provision in your agreement, just in case things don't go as expected, might be wise. If you would like more information about mediation and joint decision making, check out my website — ClarePiroMediation.com. [...]

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 [...]

August 17, 2018 - {3:42 minutes to read}  One of the major benefits of mediation is that parties make the decisions about their lives and the lives of their children. Self-determination is an awesome responsibility in that regard, and couples should be prepared to accept that responsibility when choosing to mediate. To me, this would mean that parties should make sure that they have all of the resources they may need in order to make the best decisions they can. Choosing the Mediat [...]

February 27, 2018 - {3:48 minutes to read} In New York, we refer to “joint legal custody” as joint decision making in which neither parent has a superior right to make decisions for the children. It sounds reasonable, and most parents agree to joint decision making without much thought. But then I ask “What do you think will happen if you can’t agree upon a major decision?” A large percentage of my clients believe that they will not have any substantial confl [...]

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 [...]

October 28, 2014 - I love Halloween, and I love being scared. Scary can be fun when it’s within your control, like I am with my Halloween decorations. A five-foot replica of Frankenstein’s monster, which dances to the Monster Mash A fake graveyard in front of my house, with silly inscriptions on the stones Zombie garden gnomes A full-size skeleton sitting in a chair on the porch, wearing a baseball cap backwards, a college sweatshirt and sweat pants It's all more ridic [...]

December 17, 2013 - Admittedly, it is uncomfortable to raise the idea of signing a pre-nuptial agreement with the person with whom you have just agreed to spend the rest of your life. And it’s unlikely to get any more comfortable for you when you actually start discussing the terms of the agreement. That said, it is a discussion that I recommend anyone planning a marriage have if one of you has accumulated more assets than the other, expect a major inheritance, have children from a p [...]

July 24, 2013 - One of the most fascinating aspects of mediation is how the process can transform someone who feels reticent or insecure in decision making. At the initial consultation, clients often say that they are concerned that within the process of mediation they may not “get a good deal” and question if they are able to mediate because they do not have the same financial expertise as the other party, or perhaps the other party is more educated or has more business sa [...]

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