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Mediation Blog

Topic: Divorce | 125 post(s).

July 16, 2021 -   Strong emotions can arise when you are talking about distributing a pension. By explaining why each of you feels entitled to the pension, you can open the door to a productive discussion and start talking about options in a way that recognizes what you both need and what your expectations are. Through that discussion, you may be able to reach a settlement that's going to meet those needs and expectations.     [...]

June 30, 2021 -   To the extent that your pension was accumulated during the marriage, it would be treated like any other assets subject to distribution. But there may need to be more to the discussion than just what the law provides. [...]

June 9, 2021 -   Since I recorded this video two weeks ago and now at posting, NY is opening up! Despite this great news towards normalcy, I think many people are still feeling unsettled. In his article in the New York Times, Adam Grant describes these feelings as “languishing.” You aren’t clinically depressed but you are still not thriving. It’s hard to focus and you just don't feel like working. Sound familiar? [...]

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 [...]

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.   [...]

February 19, 2021 -   In this video, we discuss the step when the child consultant comes into the mediation and speaks to the parents about their interview with the child. Parents don't have to be afraid that they are going to be judged in the meeting, or that anybody is going to be accusing them of being bad parents because they are having a conflict with their co-parent. The mediator and the child consultant will work together to make sure that the parents feel comfortable in the [...]

February 2, 2021 -   You probably haven't heard about Child Inclusive Mediation because it's not that prevalent in the United States. In Australia, where the process was developed, it is used in both mediations and high-conflict litigated cases and has proven to be very successful.  [...]

December 3, 2020 - {4 minutes to read} The other day a friend told me about a conflict she was having with another person and how that person behaved towards her. While the other person’s actions were pretty awful, there was something in the back story she described that made me think there was a misunderstanding and possibly an incorrect assumption of the other person’s motives. To my friend, the other person was acting spitefully and just being mean spirited. I gingerly brou [...]

August 26, 2020 -   When divorcing, some couples become somewhat obsessed about splitting everything evenly. When it comes to the kids, a 50/50 parenting plan without some flexibility can potentially do more harm than good. Focusing on how much time your kids are spending with the other parent can be self-defeating when it comes to your relationship with the children.  [...]

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 [...]

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.  [...]

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