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

Topic: Negotiation | 14 post(s).

July 26, 2023 -   Are you feeling like something is a little off in your mediation? This video advises you to bring it up and put it on the table during your session. If you ignore it and sign an agreement, you've lost your opportunity to address it constructively. When in doubt, speak up! If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com. [...]

May 17, 2023 -   Have you spent time thinking about mediation and what it will be like? Are you concerned that mediation may not be for you? Are you mired in past grievances, and afraid you will express your anger or disappointment out loud? Do you believe you are supposed to agree about everything at the end, no matter what? In this video, we examine these “unrealistic” expectations and look at ways to get beyond them and reach a successful conclusion for all parti [...]

December 13, 2022 -   A prenuptial agreement isn't in itself fair or unfair — It depends on what the terms are. There are two ways to address the issue of fairness, either through attorney negotiation or mediation. Throughout my series on prenups, I’ve suggested that mediation is the best process for this type of discussion, especially in terms of whether or not you find the terms to be fair. [...]

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. [...]

April 3, 2019 - {3:30 minutes to read} There are two diametrically opposed views as to the value of an attorney versus a mediator. In terms of settling a matrimonial matter, each believes the other is not necessary. “There is no need for a mediator.” Some matrimonial attorneys believe that two attorneys can negotiate for the parties and reach a settlement — why the need for a third party? After all, attorneys have been settling cases forever, and it works.   M [...]

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 [...]

September 20, 2018 - {3:30 minutes to read} I tend not to use the word “settle” with clients in mediation. Although to settle is defined as “to reach agreement or decision...,” I prefer to use the phrase “to agree upon terms.” To me, to agree upon terms in mediation is quite different from settling on terms which have been hashed out by attorneys in an adversarial setting. In an adversarial setting:  Each attorney’s role is to advocate for t [...]

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 [...]

August 30, 2016 - {2:36 minutes to read} I am one of those people who enjoys the changing of the seasons, even when it means that summer is over. However, I’m not one of those people who feel that summer is over on the 5th of July. Even if we measure summer as Memorial Day to Labor Day, there are still two full months of summer to enjoy after the 4th of July. Why not savor these two months when it’s still 90 degrees in the shade instead of focusing on winter coming? Converse [...]

June 21, 2016 - {3:12 minutes to read} Having been raised by a mother who once heard an ambulance and acted upon the belief that it carried my aunt, who, being 15 minutes late in picking her up, had, of course, been in a car accident, I’m a worrier. If I allow myself to go there, I can easily obsess about a car accident or a plane crash, things that can happen in an instant without warning and could drastically change my life. Then there are the things that are equally devastatin [...]

October 13, 2015 - {4:00 minutes to read} Recently I received a notice of a Continuing Legal Education course sponsored by a bar association on the topic of child custody. Ever the optimist, I took a look at the description and agenda hoping to find an offering on resolving custody through a non-adversarial approach. However, there was nothing offered regarding mediation or collaborative practice, both of which can be found on the website of the New York State Unified Court Syst [...]

May 12, 2015 - {3:48 minutes to read}   We often use and hear the term “best interests of the children.” You would imagine that if applied consistently, the results would also be consistent, but that is not necessarily true. It all depends on the process used and who is making that determination. Litigation If you are in litigation, you might think it is the judge who makes the determination, presumably based upon applying case law to the facts before him or her. Ho [...]

Page:[ 1 ]2
Search
Topics
Mediation (128) | Divorce (119) | Separation (36) | Divorce Mediation (19) | Mediator (13) | Child Support (11) | Litigation (11) | Separation Agreement (10) | Communication (10) | Conflict (10) | Attorney (7) | Prenup (7) | Co-Parenting (7) | Consultation (7) | Clare A. Piro (6) | Collaborative Divorce (6) | Parenting (6) | Marital Home (6) | Clare A. Piro Mediation (6) | Parenting Plan (5) | Children (5) | Assets (5) | Agreement (4) | Marital Assets (4) | Family (4) | Finances (4) | Settlement (4) | CSSA (4) | Child Support Standards Act (4) | Expenses (4) | Equitable Distribution (4) | Separate Property (4) | Relationships (3) | Informed Decisions (3) | Emotions (3) | Listening (3) | Family Court (3) | Estate Documents (3) | Divorce Agreement (3) | Prenuptial Agreement (3) | Blended Families (3) | Responsibility (3) | Clients (3) | Divorce Mediator (3) | Divorce Coach (3) | Child Inclusive Mediation (3) | Marital Property (3) | Joint Decisions (3) | Child Consultant (3) | Financial Professional (3) | Negotiation (3) | Divorce And Children (3) | Clare Piro (3) | Mediation Myths (3) | Divorce Finances (3) | Child Support Standards Act (CSSA) (2) | Certified Divorce Financial Analyst (CDFA) (2) | Step-Mother (2) | Spouse (2) | Joint Decision Making (2) | Attitude (2) | Consulting Attorney (2) | Moving Forward (2) | Step-Father (2) | Mediation Benefits (2) | Mediation Versus Litigation (2) | Settlement Agreements (2) | Apology (2) | College Expenses (2) | Step-Children (2) | Will (2) | Conflict During Mediation (2) | Grace (2) | Bitterness (2) | Entitlement (2) | Budgets (2) | Anger (2) | Collaborative Practice (2) | Unrequited Love (2) | Pandemic (2) | Equal Parenting Plan (2) | Post-Divorce Income (2) | Law Professionals (2) | Mediate (2) | New York Child Support Statute (2) | Inheritance (2) | Separation Agreements (2) | Anxiety (2) | CDFA (2) | Calculating Support (2) | Spousal Support (2) | Humanity (2) | Agreements (2) | Selling The Marital Home (2) | Truth (2) | Budget (2) | Compromise (2) | Couples (2) | Seperation (2) | Right Of Election (2) | Surviving Spouse (2) | Custody (2) | Legislation (2) | Estate (2) | Mediating Emails (1) | Family Mediations (1) | Communicating (1) | Facial Expression (1) | Tone Of Voice (1) | New Year’s Resolutions (1) | Intention (1) | Feelings (1) | Concession (1) | New York’s Child Support And Maintenance (1) | Real Estate And Divorce (1) | Lowest Acceptable Offer (1) | Child Focused Mediation (1) | Depression (1) | Joint Ownership Post Divorce (1) | Family Occasions (1) | Honest Conversation (1) | Legal Rights (1) | CoParenting (1) | DecisionMaking (1) | Advocacy (1) | Empowerment (1) | Active Listening (1) | Retirement Plans (1) | Pensions (1) | Joseph Goldstein (1) | Languish (1) | Waiving Spousal Support (1) | Thrive (1) | Lack Of Focus (1) | Retirement (1) | Pension Plans (1) | COVID 19 (1) | Postnuptial Agreements (1) | Tough Decisions (1) | Parenting Schedules (1) | 50/50 Parenting (1) | Caucus (1) | Agreement To Mediate (1) | Co-parenting (1) | Children And Divorce (1) | Transition Day (1) | On-Duty Parent Responsibilities (1) | Significant Others (1) | Technical Difficulties (1) | Mediating Virtually (1) | Holiday Season (1) | Spousal Support Payments (1) | Separating (1) | Parental Holiday Sharing (1) | Introducing Significant Others (1) | Mediating Onine (1) | Religious Holidays (1) | Cultural Holidays (1) | 50/50 Parenting Plan (1) | Joint Physical Custody (1) | Elder Mediation (1) | Older Parents (1) | Domestic Violence (1) | Eldercare (1) | Older Adults (1) | Pathological Liar (1) | Anxious Thoughts (1) | Separate Property Credit (1) | Primary Caretaker (1) | Custody Determination (1) | A Neutral (1) | An Advocate (1) | Mediation Caucus (1) | Non-Residential Parent (1) | Child Support Payment (1) | Child's Best Interests (1) | NYs Child Support Guidelines (CSSA) (1) | Speak Up (1) | Expectations (1) | Parenting Styles (1) | Real Estate (1) | Parenting Plans (1) | Interest Rates (1) | Decision Makers (1) | Collaboration (1) | Being Heard (1) | Divorce Needs (1) | Self Compassion (1) | Cohabitation Agreement (1) | Cohabitating (1) | Final Decisions (1) | Inflation (1) | Buyout (1) | Children Of Divorce (1) | Parent Coordinator (PC) (1) | Unmarried (1) | Emotional Trauma (1) | File A Petition (1) | Being Understood (1) | Commitment (1) | Default Provisions (1) | Marital Asset (1) | Separate Asset (1) | Postnup (1) | Divorce Agreement Terms (1) | Consulting (1) | Parenting Agreement (1) | Divorce Terms (1) | Support (1) | Hope (1) | Cancer (1) | Successful Mediations (1) | Self Reflection (1) | Support Connection (1) | Ovarian Cancer (1) | Fairness (1) | Breast Cancer (1) | Meditation (1) | Parent Coordinator (1) | Contentment (1) | Pension (1) | Alternative Dispute Resolution (1) | ADR (1) | Qualified Domestic Relations Order (QDRO) (1) | Actuarial Company (1) | Bonuses (1) | Commissions (1) | Income Level (1) | Presumptive ADR Program (1) | Post Divorce Budgets (1) | Coparenting (1) | Perspective (1) | Opposites (1) | Parenting Post-Divorce (1) | Family Court Presumptive ADR Program (1) | New York Family Court (1) | Financial Professionals (1) | New York Divorce Law (1) | Credit Against Child Support (1) | Support Add-ons (1) | Righteous Anger (1) | Partial Buyout (1) | Disagreements (1) | Kindness (1) | Matrimonial Practice (1) | Happiness (1) | AcceptableOutcome (1) | Mediation Process (1) | Ideas (1) | Beliefs (1) | Court (1) | Judge (1) | Pro-Rata (1) | Guilt (1) | Real Estate Buyout (1) | Saving Grace By Kirsten Powers (1) | Buyout Options (1) | Kirsten Powers (1) | Personality (1) | FinancialPortfolio (1) | Maritial Assets (1) | Maritial Property (1) | Transmutation (1) | Commingling (1) | Retirement Account (1) | Divorce Papers (1) | Installment Agreements (1) | Joint Legal Custody (1) | Negative Communication (1) | Married Couples (1) | Hurricane Harvey (1) | Parents (1) | Disclosure (1) | Moving On (1) | Finding Love After Divorce (1) | Contribution (1) | Post-Divorce Dating (1) | Compassion (1) | Nesting (1) | College (1) | Temporary Agreement (1) | Permanent Agreement (1) | Financial Situation (1) | Custodial Parent (1) | Intervention (1) | Dreaming (1) | Husband (1) | Wife (1) | Married (1) | Affair (1) | Bankruptcy (1) | Therapy (1) | Beneficiary (1) | Financial Costs (1) | Lack Of Trust (1) | Accusations Of Delay (1) | Tentative Agreements (1) | Joint Account (1) | Settle Agreement (1) | Life Insurance (1) | Alone At The Holidays (1) | Settlement Term (1) | Unemployment (1) | Seperation Agreement (1) | New York (1) | Self-talk (1) | Advice (1) | Blame (1) | Specialist (1) | Dogs (1) | Mental Health (1) | Older Dogs (1) | Adopt Shelter Dogs (1) | 2015 (1) | Year In Review (1) | Self Determination (1) | Self-determination (1) | Relocation (1) | Change (1) | New York State (1) | Control (1) | Mindfulness (1) | Equality (1) | Balance (1) | Effects On Family (1) | Living Together (1) | Power (1) | School Year (1) | Kids (1) | Summer (1) | Acknowledgement (1) | Conflicy (1) | Payments (1) | Extremes (1) | Fall (1) | Marriage (1) | House (1) | Grandparents (1) | Baby Boomers (1) | Living Apart (1) | Divorce Law (1) | Abundance (1) | Resolution (1) | Equity (1) | Scarcity (1) | Settlement Agreement (1) | Personal Relationships (1) | But (1) | Fiancé (1) | Prenuptial Agreement (Prenup) (1) | Collaborative Process (1) | Apologizing (1) | Moving On After Divorce (1) | Meditate (1) | Property Distribution (1) | Equitable Distribution Statute (1) | Attitudes Toward Prenups (1) | Asset Distribution (1) | Needs Vs Wants (1) | Court Process (1) | Financial Documents (1) | Financial Information (1) | Court Vs Mediation (1) | Scared Of Divorce (1) | Marital Concerns (1) | Halloween (1) | Fear Of Divorce (1) | Coronavirus (1) | Maintaining Calm (1) | Remain Healthy (1) | Maggie O’Connor (1) | Global Pandemic (1) | Career Change (1) | Lack Of Communication (1) | Unhappy Relationship (1) | Couples Counseling (1) | Understood (1) | Heard (1) | Returning To The Workforce (1) | Social Security Assets In Divorce (1) | Difficult Clients (1) | Complicated Finances (1) | Mediation Misconceptions (1) | Social Distancing (1) | Multiple Assets (1) | Custody Disputes (1) | COVID19 (1) | Court Order (1) | Matrimonial Cases (1) | Family Law Software (1) | Mental Health Professional (1) | Significant Other (1) | Holidays Post-Divorce (1) | AttorneyPresence (1) | FamilyMediation (1) | Attitudes (1) | Family Enrichment (1) | Accepting Responsibility (1) | Taking Responsibility (1) | Remarriage After Divorce (1) | MediationSession (1) | LawyerDivorceMediation (1) | Dishonest (1) | Little White Lies (1) | Lies (1) | Public Trust (1) | Spouses (1) | Work Stress (1) | Matrimonial Dispute (1) | Perfection (1) | Holiday Preparations (1) | Ex-Spouse (1) | Holiday Blues (1) | Patience (1) | Marriage Counseling (1) | Frame Of Mind (1) | Reluctant Spouse (1) | Time To Process (1) | Post Nuptial (1) | Lawyer (1) | Fear Of Separation (1) | PostNup (1) | Telling Your Spouse (1) | Seller (1) | Divorce Assets (1) | Emotional Attachment (1) | Dividing House Asset (1) | Refinance (1) | Equity Loan (1) | Buyer (1) | Cash Flow (1) | Interest Payments (1) | Power Of Regret (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

I am providing family and divorce mediation services online. Click to learn more.