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Mediation Blog

Topic: Divorce Mediation | 28 post(s).

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.  [...]

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.  [...]

March 25, 2020 - Mediation may not be appropriate for everybody but could be the right process for you. Unfortunately, many people dismiss it out of hand, based upon some misconceptions about what mediation is or isn’t. This video tries to dispel some of the most common myths to help you decide if mediation is right for you. [...]

March 13, 2020 - {4 minutes to read} Are all family disputes the same? Of course not. Divorce mediation is different from mediation involving the contest or interpretation of the provisions of a Will or Trust Agreement. But clearly, they have similarities: Ongoing Relationships While some familial relationships may have always been troubled, it’s likely that at some time, the parties probably got along well. And they may need to continue to get along for the sake of attending ext [...]

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. [...]

February 5, 2020 -   In my last video, I mentioned marital property as a part of the discussion of Equitable Distribution. In this video, I want to explain the difference between assets that are separate property and those that are considered marital property. [...]

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 [...]

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