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Mediation Blog

Topic: Guilt | 9 post(s).

May 1, 2023 -   In this video, I address whether guilt belongs in divorce mediation. Consider several factors: thoroughly evaluating the agreement and its consequences, seeking objective advice to assess fault accurately, and projecting future feelings to avoid potential regrets. Clients ultimately make their own decisions in mediation but are advised to do so with awareness and understanding. If you would like more information about mediation, prenups, and family law, check [...]

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.” [...]

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 [...]

June 5, 2019 - {3:30 minutes to read} In a previous post, I wrote about the enormous impact that a sincere apology could have on another person. There is, though, a very significant step that must come first. Taking Responsibility for Our Actions Sometimes, the intentions behind the words said or the actions taken are crystal clear, and it is impossible to say with any semblance of credibility — “I didn’t mean to do that.”   More often, though, it&rsquo [...]

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 [...]

April 12, 2016 - {3:12 minutes to read} After watching the umpteenth presidential debate, you can imagine why I started to think about civility in personal and professional settings. For most of us, civility in personal situations is automatic. We’re polite to strangers, say good morning, hold open a door and say you’re fine even if you’re not. On the other hand, for those with whom we’re most comfortable, sometimes that automatic default to civility is lost. An [...]

August 4, 2015 - {3:48 minutes to read} This question is the subject of many a treatise, panel discussion, informal debate among mediators, and heartfelt soul-searching for an individual mediator confronted with the situation. If you’ve been mediating a while, undoubtedly this has come up for you. Or if you’re a client in a mediation, you may wonder just how strong is your right to determine the outcome. The scenario: A client knows the substantive law on the issue, underst [...]

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 31, 2015 - {2:50 minutes to read} I am fortunate enough to say that I am not a child of divorce. Since I don’t have that first-hand experience, I have strived, as most mediators do, to learn about the impact of divorce on children and how that can be ameliorated. In mediation, the best interest of the children is paramount. The Children Even when the parents are well intentioned and have the admittedly oxymoronic “good divorce,” there is still a devastating affe [...]

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