914.946.0848  .  contact  .  map & directions  .  subscribe  .  LinkedInFacebookTwitterGoogle+
Mediation Blog

Topic: Litigation | 27 post(s).

September 16, 2020 - {3 minutes to read} In an earlier post, I described the benefits of using a financial professional who acts as a neutral in mediation, but sometimes that may not work for you. Here are some factors to consider when deciding which will be best in your case. An Advocate If you choose to have the financial person be an advocate, they would be acting in the same way that an attorney would act on your behalf — looking out for your interests and how to achieve the bes [...]

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 [...]

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. [...]

January 23, 2019 - {3:30 minutes to read} It is likely that mediation can result in a negotiated agreement even if you mediate after you have entered litigation or tried negotiating through attorneys. But after having worked with couples who have first engaged in an adversarial process, I encountered distinctive behaviors that arose in the mediation which, while not unsurmountable, needed to be addressed. Of course, I can’t definitively state that it was the initial adversarial proc [...]

May 23, 2018 - {2:42 minutes to read}  As a divorce mediator, I certainly expect to have clients express strong emotions, including anger. But I’ve encountered a few clients recently who made me recall my earlier post on the difference between anger and bitterness. The definitions of anger and bitterness are similar: Anger: a strong feeling of annoyance, displeasure, or hostility. Bitterness: anger and disappointment at being treated unfairly; resentment. The definit [...]

February 27, 2018 - {3:48 minutes to read} In New York, we refer to “joint legal custody” as joint decision making in which neither parent has a superior right to make decisions for the children. It sounds reasonable, and most parents agree to joint decision making without much thought. But then I ask “What do you think will happen if you can’t agree upon a major decision?” A large percentage of my clients believe that they will not have any substantial confl [...]

October 4, 2017 - {3:18 minutes to read} In my past life advocating for clients in an adversarial process, getting to the point of splitting the difference was the last settlement proposal, and timing was everything. If your first offer is close to what you really want, there will be little room left to split the difference if your adversary low-balls their demand. For example, if you are looking for $5000 and ask for $5000 in support and your spouse offers $2000, you are going to lose in [...]

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 3, 2017 - {3:36 minutes to read} I recently attended a panel discussion on how to determine income in a matrimonial mediation. The panel consisted of a litigator, a mediator and a financial professional. The idea was to show the different approaches each would take in cases where income was hard to determine, such as self-employed parties, cash income, other complicated financial situations, or when a party just refuses to disclose relevant information. That got me to thinking abo [...]

April 19, 2017 - {3:48 minutes to read} While the history of a client’s relationship is obviously relevant to them, its relevance to the mediation is not necessarily the same. If there is a dispute as to whether or not an event occurred, my role is not to determine the truth. That would be in the realm of litigation. In mediation, its relevance has to do with the effect that those beliefs about past events have on each party’s ability to work with the other in the process an [...]

April 3, 2017 - {3:24 minutes to read} I thought it was interesting that the Personal Health columnist for the New York Times, Dr. Jane Brody, wrote a column entitled “The Right Way to Say I’m Sorry.” She posits that taking responsibility for your actions and offering a true apology to someone you’ve hurt actually is a matter of your own health and well being. Dr. Brody refers to these words from Harriet Lerner’s Why Won’t You Apologize? as to why an [...]

October 11, 2016 - {3:12 minutes to read} My first ritual of the fall entails my husband and I getting a flu shot, going out for brunch, and then going shopping for Halloween. Just in case there is an area of the yard or a surface in the house that is not already adorned with Halloween decor, we are always on the lookout for interesting pieces. At this point we seek out things that are unique, clever, or attractive, like some vintage pieces or Day of the Dead figurines. While we both rul [...]

Page:[ 1 ]23
Search
Topics
Mediation (89) | Divorce (83) | Divorce Mediation (19) | Mediator (12) | Conflict (9) | Child Support (8) | Litigation (8) | Co-Parenting (7) | Communication (7) | Separation Agreement (7) | Separation (6) | Consultation (6) | Collaborative Divorce (6) | Clare A. Piro (6) | Clare A. Piro Mediation (6) | Attorney (6) | Children (5) | Parenting (5) | Parenting Plan (5) | Family (4) | Equitable Distribution (4) | Finances (4) | Marital Assets (4) | Settlement (4) | Divorce Coach (3) | Separate Property (3) | Clients (3) | Child Inclusive Mediation (3) | Child Consultant (3) | Agreement (3) | Expenses (3) | Mediation Myths (3) | Emotions (3) | Divorce Mediator (3) | Financial Professional (3) | Clare Piro (3) | Divorce And Children (3) | Child Support Standards Act (3) | Divorce Finances (3) | Mediate (2) | Anger (2) | Settlement Agreements (2) | Bitterness (2) | College Expenses (2) | Anxiety (2) | Post-Divorce Income (2) | Listening (2) | Compromise (2) | Calculating Support (2) | Apology (2) | Truth (2) | Child Support Standards Act (CSSA) (2) | Equal Parenting Plan (2) | CDFA (2) | Relationships (2) | CSSA (2) | Law Professionals (2) | Assets (2) | Informed Decisions (2) | Blended Families (2) | Collaborative Practice (2) | Budgets (2) | Certified Divorce Financial Analyst (CDFA) (2) | Conflict During Mediation (2) | Mediation Versus Litigation (2) | Mediation Benefits (2) | Spouse (2) | Couples (2) | Step-Children (2) | Divorce Agreement (2) | Pandemic (2) | Marital Home (2) | Marital Property (2) | Step-Mother (2) | Step-Father (2) | Unrequited Love (2) | Custody (2) | Moving Forward (2) | Legislation (2) | Seperation (2) | Consulting Attorney (2) | Heard (1) | Mediation Misconceptions (1) | Maggie O’Connor (1) | Complicated Finances (1) | Social Distancing (1) | COVID19 (1) | Custody Disputes (1) | Unhappy Relationship (1) | FinancialPortfolio (1) | Court Order (1) | Lack Of Communication (1) | Multiple Assets (1) | Global Pandemic (1) | Remain Healthy (1) | Matrimonial Cases (1) | Retirement (1) | Joint Decisions (1) | Maintaining Calm (1) | Negotiation (1) | Frame Of Mind (1) | Marriage Counseling (1) | Patience (1) | Time To Process (1) | Post Nuptial (1) | PostNup (1) | Fear Of Separation (1) | Lawyer (1) | Mental Health Professional (1) | Family Law Software (1) | Financial Information (1) | Financial Documents (1) | Court Process (1) | Entitlement (1) | Needs Vs Wants (1) | Coronavirus (1) | Prenuptial Agreement (Prenup) (1) | Meditate (1) | Property Distribution (1) | Equitable Distribution Statute (1) | Apologizing (1) | But (1) | Fiancé (1) | Collaborative Process (1) | Court Vs Mediation (1) | Attitudes Toward Prenups (1) | Asset Distribution (1) | Marital Concerns (1) | Prenuptial Agreement (1) | Prenup (1) | Empowerment (1) | Understood (1) | Mediating Virtually (1) | Couples Counseling (1) | Mediating Emails (1) | Eldercare (1) | Older Adults (1) | Tough Decisions (1) | Anxious Thoughts (1) | Pathological Liar (1) | Expectations (1) | Joseph Goldstein (1) | Legal Rights (1) | Feelings (1) | Intention (1) | New Year’s Resolutions (1) | Retirement Plans (1) | Child Focused Mediation (1) | Family Mediations (1) | Older Parents (1) | Communicating (1) | Tone Of Voice (1) | Facial Expression (1) | New York’s Child Support And Maintenance (1) | Postnuptial Agreements (1) | Waiving Spousal Support (1) | Languish (1) | Depression (1) | Thrive (1) | Lack Of Focus (1) | COVID 19 (1) | Pension Plans (1) | Pensions (1) | Elder Mediation (1) | Domestic Violence (1) | Power Of Regret (1) | Co-parenting (1) | Guilt (1) | Separating (1) | Holiday Season (1) | DecisionMaking (1) | Parental Holiday Sharing (1) | Cultural Holidays (1) | Religious Holidays (1) | Mediating Onine (1) | Technical Difficulties (1) | Agreement To Mediate (1) | Caucus (1) | 50/50 Parenting (1) | Parenting Schedules (1) | CoParenting (1) | Primary Caretaker (1) | Children And Divorce (1) | On-Duty Parent Responsibilities (1) | Transition Day (1) | 50/50 Parenting Plan (1) | Telling Your Spouse (1) | Family Occasions (1) | An Advocate (1) | A Neutral (1) | Non-Residential Parent (1) | Child Support Payment (1) | Honest Conversation (1) | NYs Child Support Guidelines (CSSA) (1) | Child's Best Interests (1) | Custody Determination (1) | Reluctant Spouse (1) | Public Trust (1) | Seller (1) | Marriage (1) | Agreements (1) | Dogs (1) | Adopt Shelter Dogs (1) | Older Dogs (1) | Effects On Family (1) | Living Together (1) | Living Apart (1) | Baby Boomers (1) | Grandparents (1) | Divorce Law (1) | Abundance (1) | Scarcity (1) | Resolution (1) | Summer (1) | New York (1) | Kids (1) | School Year (1) | Power (1) | Acknowledgement (1) | Conflicy (1) | Fall (1) | Extremes (1) | Payments (1) | Seperation Agreement (1) | Unemployment (1) | Responsibility (1) | Moving On (1) | Disclosure (1) | Parents (1) | Budget (1) | Self-talk (1) | College (1) | Equity (1) | Parenting Plans (1) | Parenting Post-Divorce (1) | Joint Physical Custody (1) | Moving On After Divorce (1) | Halloween (1) | Fear Of Divorce (1) | Scared Of Divorce (1) | Holiday Blues (1) | Holidays Post-Divorce (1) | Alone At The Holidays (1) | Post-Divorce Dating (1) | Finding Love After Divorce (1) | House (1) | Mental Health (1) | Advice (1) | Specialist (1) | Relocation (1) | Change (1) | Difficult Clients (1) | Self-determination (1) | Self Determination (1) | New York State (1) | Control (1) | Balance (1) | Equality (1) | Mindfulness (1) | Year In Review (1) | 2015 (1) | Blame (1) | Contribution (1) | Nesting (1) | Buyer (1) | FamilyMediation (1) | Settlement Agreement (1) | Personal Relationships (1) | Lies (1) | Little White Lies (1) | Dishonest (1) | Spouses (1) | Separation Agreements (1) | Work Stress (1) | Holiday Preparations (1) | Perfection (1) | Matrimonial Dispute (1) | LawyerDivorceMediation (1) | MediationSession (1) | AttorneyPresence (1) | Affair (1) | Significant Other (1) | Attitudes (1) | Family Enrichment (1) | Remarriage After Divorce (1) | Taking Responsibility (1) | Accepting Responsibility (1) | Ex-Spouse (1) | Dividing House Asset (1) | Emotional Attachment (1) | Divorce Assets (1) | Refinance (1) | Equity Loan (1) | Interest Payments (1) | Cash Flow (1) | Married (1) | Bankruptcy (1) | Compassion (1) | Tentative Agreements (1) | Hurricane Harvey (1) | Married Couples (1) | Commingling (1) | Transmutation (1) | Maritial Property (1) | Maritial Assets (1) | Retirement Account (1) | Divorce Papers (1) | Negative Communication (1) | Joint Decision Making (1) | Joint Legal Custody (1) | Installment Agreements (1) | Temporary Agreement (1) | Permanent Agreement (1) | Accusations Of Delay (1) | Wife (1) | Lack Of Trust (1) | Financial Costs (1) | Joint Account (1) | Settle Agreement (1) | Settlement Term (1) | Life Insurance (1) | Spousal Support (1) | Beneficiary (1) | Therapy (1) | Dreaming (1) | Intervention (1) | Custodial Parent (1) | Financial Situation (1) | Husband (1) | Advocacy (1) |
Connect
Attorney Advertising

The contents of this editorial should not be considered legal advice. The information provided in this editorial is intended to be general information and is not intended to be a substitute for a consultation with an attorney. Each case and situation is different and must be handled based upon the specific facts and circumstances unique to that case. For specific answers to questions on an individual case, it is best to consult with an attorney. Attorney Advertising

Close Announcement

Online Mediation Available

In response to COVID-19 I am providing family and divorce mediation services online. Click to learn more.