July 13, 2023 -   Having very different ideas about the value of your home can create difficulties when you try to sell. Including language in your agreement establishing the lowest offer you will accept can help. It doesn't negate the usual give-and-take you would have with a buyer and will only apply if you don't otherwise agree. Possible problems can arise in the future, so talk about them now while you're in mediation, and can address them together.  If you would like [...]

March 20, 2023 -   The previous article in this series looked at how a partial buyout might help resolve the issue of today’s higher interest rates complicating your divorce. This article outlines other creative ways to approach the situation, including one called a credit against child support.  If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com. [...]

February 22, 2023 - This article is the beginning of a series about the disposition of the marital home for couples with children. When there are no children in the marriage, the usual plan for a divorcing couple is to sell and divide the proceeds. When there are children, one party may buy out the other in order for the children to remain in their school district, but today’s higher interest rates may complicate the buyout and the divorce.If you would like more information about me [...]

November 1, 2022 -   It’s that time of year when ghosts and goblins abound, scaring the kids and sometimes the adults as well. The overall feeling of being scared, anxious and out of control is very similar to how divorcing parents feel, especially when it comes to their children. A Child Specialist can advise you in ways to help combat those emotions. [...]

October 13, 2022 -   In New York, there is a statute that gives a surviving spouse the right to elect against the Will of a deceased spouse, if that Will leaves them with less than the greater of a third of the estate or $50,000. In a prenup, you can waive that Right of Election if circumstances warrant it. Mediation is a good place to talk about your expectations and what would be appropriate to maintain your standard of living. If you would like more information about mediation a [...]

May 4, 2022 -   While marriage is the usual path when two people are in love and want to live together, some couples decide to live together without being married and without bothering to get a cohabitation agreement. This may be all well and good until it isn’t. Without the Agreement, when the couple breaks up or one party dies, there can be a slew of problems around the joint property acquired during the relationship. If you would like more information about mediation, [...]

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 [...]

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 [...]

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 [...]

July 21, 2015 - {3:36 minutes to read}   When I practiced family law in an adversarial setting, I always felt a little guilty when I said that I enjoyed it, given that I was working with people who were going through one of the worst times of their lives. But in contrast to the other parts of my practice (real estate and estate matters), family law was interesting, dynamic, and challenging. Presenting and opposing arguments was intellectually stimulating based upon the substantial [...]

March 17, 2015 - {3:30 minutes to read} . Do we choose our profession because of our basic personality, or does our profession cause us to form a certain personality trait? I've always had a “never say die” kind of attitude. I would always think that I could fix it or make it better, be it a relationship or a friend who was upset. I could fix just about anything that had gone awry. A basic problem solver. This attitude wasn't always to my advantage when it came to personal [...]