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Mediation Blog

Topic: New York | 38 post(s).

October 13, 2022 -   In New York, there is a statute that gives a surviving spouse the right to elect against the Will of a deceased spouse, if that Will leaves them with less than the greater of a third of the estate or $50,000. In a prenup, you can waive that Right of Election if circumstances warrant it. Mediation is a good place to talk about your expectations and what would be appropriate to maintain your standard of living. If you would like more information about mediation a [...]

January 19, 2022 -   The term Add-On describes expenses that are in addition to the standard child support expenses. There are mandatory add-ons outlined in the New York Child Support Statute (CSSA) but what about all the little or not so little extra expenses such as extracurricular activities for the children, tutoring expenses, birthday party expenses, etc. This video discusses those expenses and offers several ways divorced parents may decide to address them.  [...]

January 7, 2022 -   When divorcing, determining the income base for child support can be tricky, especially if your income changes from year to year, or is not consistent due to commissions and/or bonuses. This video outlines a couple of approaches that can help you figure out the most effective way to deal with income fluctuations. [...]

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.   [...]

June 9, 2021 -   Since I recorded this video two weeks ago and now at posting, NY is opening up! Despite this great news towards normalcy, I think many people are still feeling unsettled. In his article in the New York Times, Adam Grant describes these feelings as “languishing.” You aren’t clinically depressed but you are still not thriving. It’s hard to focus and you just don't feel like working. Sound familiar? [...]

April 30, 2021 - {4 minutes to read} I often receive phone calls from potential clients telling me that they have settled everything and just want me to write up their agreement. When faced with this request, I explain that this is not what I do and why mediation would still be important even if they have discussed and agreed upon terms.  Terms that were Not Addressed Even if there are no minor children, it’s difficult to navigate through all of the terms that need to be con [...]

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 [...]

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.” [...]

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 [...]

September 25, 2019 - {4 minutes to read}  At a recent conference for divorce and family mediators that I attended, I heard a panel consisting of judges, hearing officers and law clerks speak to the reality of the court process. Here are some of the negative consequences they raised: Timeframe Although there are rules that say the entire process in New York County would be “trial ready” in less than a year after filing, the reality is that it could be two years or more to g [...]

June 19, 2019 -   If you're going through a divorce and you own your home, that home is going to be looked at as an asset to be divided according to the laws of New York. To one or both parties, the marital home often means something more than just a place to live. It represents a sense of continuity and something that is familiar which can lead one or both of them to want to keep it. Would you want a court making this decision for you, or would you prefer an interest-based di [...]

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