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Mediation Blog

Topic: Family | 70 post(s).

August 10, 2022 -   So, what is a sunset clause? By definition, it means that after a defined period of time, the clause has no effect. In a prenup, a sunset clause can take different forms but usually refers to voiding the agreement or only certain terms of the agreement after a period of time. In some cases, certain terms are actually expanded. Whether or not it's right for you is clearly something that the two of you need to decide. If you would like more information about medi [...]

April 20, 2022 - {3 minutes to read} When I meet with clients who will have difficulty in making joint decisions about their children after the Separation Agreement is signed, the first thing we do is discuss a structure that will help them. If their level of conflict is so high that even after such a process, they STILL will be in conflict, we will discuss if they could agree to one parent making the final decisions. Or having one parent make final decisions regarding education issues [...]

March 3, 2022 - After my last video on grace, a colleague asked if I had any examples of parties showing grace in mediation. Actually, I have many but one from several years ago sticks out. The husband had done something that not only irreparably damaged the trust between the parties but also had a financial effect on the whole family. Even under those circumstances, the wife was able to show compassion and grace to the husband.     [...]

December 2, 2021 -   Family Court Mediation is a topic I’ve never spoken about, but I have been working with clients in Family Court recently. Family Court is a very busy court and takes many months and years to get through the process. Mediation is a much more streamlined process. First, mediate, but if you are already involved in Family Court ask about mediation and see if you can get into the Family Court Presumptive ADR Program.   [...]

August 12, 2021 -   There are many special occasions to share in your life and the lives of your children. When divorcing, however, those occasions can become mini-battlegrounds, causing discomfort to visitors and your children. If you have children, you will be co-parenting for life. In mediation, we can build in ways to handle conflicts as the lives of you and your children move forward. [...]

April 7, 2021 - {3 minutes to read} I understand that there are some mediators in favor of mediation via email. Those that I have encountered are conducting commercial or other multi-party mediations. The positive aspects include:  easier scheduling; parties from other states, or even countries, can participate without travel or time zone constraints; parties can take time to draft an appropriate and more reasoned response; and parties can easily find information from prior & [...]

January 15, 2021 - {2 minutes to read} Like everyone else in the world, I looked forward to 2021 and the opportunity to put 2020 behind me. While we all hoped that the new year would bring something better — in health, in politics, and in regaining in-person connections to friends and family — of course, nothing changed at the stroke of midnight. And then I thought about expectations. The meditation teacher, Joseph Goldstein, speaks about “the next pleasant thing.&rdquo [...]

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 [...]

June 3, 2020 - {3 minutes to read} I recently read an article in the New York Times by Dhruv Khullar, MD, in which he wrote about the possible detrimental health effects of feeling regret. Dr. Khullar believes that doctors often ignore the toll that regret can have on someone: “We often don’t explore the role regret might be playing in the distress many patients and families experience, or acknowledge it when it’s clear that it is contributing to their pain.” [...]

May 20, 2020 - {3 minutes to read} As a divorce mediator, it’s not surprising that I work with many couples who experience a lack of communication. Since that lack of communication is now being coupled with spending an inordinate amount of time with your spouse during the pandemic, you may consider this an opportunity to improve your communication. In Listening During a Pandemic, Kate Murphy writes that while a pandemic has the likelihood of causing an increase in divorce, it ca [...]

April 21, 2020 - {4 minutes to read} As I’m writing this on March 30, 2020, the Courts in New York State are open only for emergency relief, such as family offenses/orders of protection and child protective matters. Parents who are having non-emergency custody disputes are unable to access courts at this time to resolve their dispute. In an article in the New York Law Journal, Judge Jeffrey Sunshine, the Statewide Coordinating Judge for Matrimonial Cases, was praised on two divers [...]

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 [...]

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