May 15, 2024 -   Clare Piro, a family and divorce mediator and attorney, advises against pressuring a spouse into choosing a mediator they don't like. Instead, she suggests identifying the qualities each of you seeks in a mediator and using those criteria to evaluate potential mediators. If your spouse continues to reject all options, it might raise questions about their willingness to engage in good faith mediation. In that case, you may need to reassess if mediation is the ri [...]

April 17, 2024 -   Clare Piro, a family and divorce mediator and attorney, emphasizes the importance of creating a child-focused parenting plan rather than getting stuck on labels like 50/50 custody or primary residential parent. She suggests shifting the conversation towards understanding the children's needs and considering factors, such as their developmental stage, activities, and preferences for structure or flexibility. Practical considerations like living arrangements and [...]

August 8, 2023 -   There are times in mediation when you may want to speak with the mediator about an issue like the mediation is not progressing as expected. It is perfectly fine to reach out to the mediator with your concerns. If you are concerned about your safety — contact the mediator immediately and let them know. If the situation is sensitive, the mediator may suggest a caucus where they will meet with each of you individually. Most importantly, if you have a concern [...]

June 7, 2023 - A couple of topics came up in a peer group that I run for divorce mediators that took the discussion to a more personal rather than professional level. The topics were raised by two members of the group who had suspended their careers during the time that they were raising their children, resulting in lost opportunities. They embarked on new careers. But what cannot be regained is those lost opportunities. If you would like more information about mediation, prenups and [...]

September 15, 2022 - {3 minutes to read} If you and your spouse have a lot of conflict between you, you're going to want to have as much detail as possible in your parenting agreement. Here are a few tips that can help you to achieve that during your mediation.  1. Speak Up.    Clearly, your mediator is going to be aware of the level of conflict between the two of you and will raise the issues that are most commonly addressed in Separation Agreements in terms of parent [...]

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 [...]

October 29, 2021 -   If one party takes their separate property and puts it toward a jointly owned home, they may be entitled, by NY law, to a separate property credit when divorcing. This can be difficult because people don't lead their married lives in anticipation of getting a divorce, so the separate property credit can have both practical and emotional consequences. [...]

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 & [...]

February 19, 2021 -   In this video, we discuss the step when the child consultant comes into the mediation and speaks to the parents about their interview with the child. Parents don't have to be afraid that they are going to be judged in the meeting, or that anybody is going to be accusing them of being bad parents because they are having a conflict with their co-parent. The mediator and the child consultant will work together to make sure that the parents feel comfortable in the [...]

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 [...]

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 [...]

July 16, 2020 - {3 minutes to read} Since New York on PAUSE went into effect, parties have been mediating virtually — either online or by phone, and this may even continue as businesses begin to reopen. I would like to share with you some of the differences that I’ve noticed in my mediation meetings via Zoom. Technical Difficulties We all may be subject to an unstable internet connection and noisy distractions from dogs or others in your household. Your mediator should let [...]