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Mediation Blog

Topic: Divorce | 106 post(s).

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 [...]

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. [...]

October 29, 2019 -   To find out what you’re entitled to, you need to go to court. But going to court does not guarantee you will get what you want. When someone focuses on entitlement, there are usually some underlying emotions that need to be addressed. If those underlying emotions haven't been dealt with in a productive way, you're not going to be able to move forward in the positive way that you're looking for. [...]

September 25, 2019 - {4 minutes to read}  At a recent conference for divorce and family mediators that I attended, I heard a panel consisting of judges, hearing officers and law clerks speak to the reality of the court process. Here are some of the negative consequences they raised: Timeframe Although there are rules that say the entire process in New York County would be “trial ready” in less than a year after filing, the reality is that it could be two years or more to g [...]

August 7, 2019 - {3:30 minutes to read} Separating from someone you’ve loved, trusted, and who, most likely, was your best friend, is an incredibly scary concept on a deeply personal level. On top of that, you are also likely worrying about how this will affect your children, as well as how you will afford to pay your bills. It’s completely understandable that you’re concerned and frightened by both the process and the future. Add to that, how hard it would be to expre [...]

July 24, 2019 -   In my practice, I have found that one spouse is often prepared to move forward with a divorce, while the other may not have even come to terms with the fact that the marriage is ending, let alone be ready to discuss divorce. In this video, I outline a few suggestions that may help if you find yourself in a situation like this.  [...]

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 19, 2019 -   If you're going through a divorce and you own your home, that home is going to be looked at as an asset to be divided according to the laws of New York. To one or both parties, the marital home often means something more than just a place to live. It represents a sense of continuity and something that is familiar which can lead one or both of them to want to keep it. Would you want a court making this decision for you, or would you prefer an interest-based di [...]

May 14, 2019 -   One of the aspects of divorce is the creation of “blended families” when there is remarriage afterwards that includes step-mothers, step-fathers, step-children, step-siblings, step-grandparents, etc. Navigating these new relationships can be awkward, but the lives of you and your children can be enriched by keeping an open mind with regard to new significant others as this video attests. [...]

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. [...]

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 [...]

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