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Mediation Blog

Topic: Divorce Mediation | 21 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. [...]

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.  [...]

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. [...]

September 28, 2018 - {3:40 minutes to read} There is a mindfulness meditation that I enjoy doing that focuses on the inner critic we all have — that voice in your head that tells you that you messed up, made a fool of yourself or just don’t know what you’re doing. The suggestion is to create a picture in your mind of the critic to aid in recognizing that it is your inner critic speaking so you are not derailed. (My favorite is of a stern judge in dark robes frowning from a [...]

March 14, 2018 - {3:42 minutes to read} Interim agreements are agreements that determine certain terms before the parties sign a comprehensive separation agreement. Some of the topics that may be covered by these kinds of agreements could be:  How to handle the sale of a house; Support and parenting plans; A provision that marital assets stop accumulating as of a certain date; and Arranging for the disposition or purchase of a particular asset. Typically, in my practice, cl [...]

December 5, 2017 - {3:42 minutes to read} I was talking to a colleague recently about a mediation. She was surprised that it took as many meetings as it did to reach a resolution and that the couple almost terminated the process. It was a relatively short-term marriage of a few years, and they had no children, so she had not expected that it would be difficult. I agree that expectations of difficulty are often misleading. At an initial consultation, I can only judge a mediation’s di [...]

September 20, 2017 - {4:18 minutes to read} I’ve heard many complaints regarding divorce mediation: “It might be okay for simple matters but not for anything complicated.” “It’s too touchy-feely.” “You give up all of your rights when you mediate.” These types of complaints are easily dismissed as biased and uninformed; however, there are some complaints I’ve heard which I agree should be taken seriously. Mediator Lacking Relevant [...]

July 19, 2017 - {3:54 minutes to read} I just returned from the annual gathering of the NYS Conference on Divorce Mediation. This is my 12th conference, and I was as excited to go to this one as I was to my first. While the focus is on education with plenaries and workshops on various aspects of family law and mediation theory, there is undeniably another element that plays a very big part. Whether we do it full time or not, are experienced mediators or just starting out, we all feel t [...]

May 10, 2016 - {3:24 minutes to read} I attended a mediation workshop that focused on the various ways that a mediator can address an impasse in mediation, and help clients get beyond it. Of the many tools, one that struck me profoundly was asking the clients how they think this would make them look in the eyes of their children. Not necessarily now, but when they are adults and may have a keener awareness of what happened in the aftermath of their parents’ divorce. Manipulativ [...]

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