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Mediation Blog

Topic: Power | 12 post(s).

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 [...]

May 9, 2018 - {4:00 minutes to read}  Separating is a painful and emotionally draining process. Needlessly prolonging the process will only add to that, however, it is within your power to insure that time in the meetings is not wasted. Here are some additional steps that you can take to insure that mediation fees remain reasonable by limiting the number of sessions that are needed. Know what mediation is all about and why you’re doing it. When I ask clients why they have [...]

April 12, 2018 - {4:30 minutes to read}  Over the years I’ve been mediating, I’ve been asked by potential clients if the following concerns would mean that they could not mediate their separation. Here are some of their questions and my responses:We disagree on everything.  Disagreement in mediation is to be expected. Since mediation is a process which aims to resolve conflict, a mediator is trained to help the two of you do just that. I am very angry at my spouse [...]

January 16, 2018 - {3:06 minutes to read} The concept of hope has been on my mind since a good friend recently told me that she will be awarded the Spirit of Hope award from her cancer support group. Throughout the many fears, disappointment, and pain that living with cancer inflicts, she has remained remarkably hopeful these past several years. She is the embodiment of hope to me, and she is truly deserving of this honor. It’s human to feel fear when confronted with the risks and c [...]

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 [...]

March 1, 2017 - {3:48 minutes to read} Unfortunately, people who are getting divorced are not exempt from downsizing, market fluctuations, facility closings, etc. which can lead to a period of unemployment. How can divorcing couples factor in this development as they work through separating their households and assets? How do they cope with this monumental change in their lives, on top of this monumental change in their lifestyle? If one of you is unemployed, it may not be entirely wit [...]

February 14, 2017 - {3:54 minutes to read} I met recently with a couple (I’ll call them “Mary” and “John”) to review their Separation Agreement. All went well, with a few minor changes agreed upon during our meeting. Then, towards the end of the Agreement, a provision came up for review at which John expressed surprise. Mary and I were perplexed. This had not only been discussed fully at a previous session, but over the course of several months, had appeared i [...]

September 27, 2016 - {3:42 minutes to read} Dog training was never a strong suit for my husband or me, but our new dog, Toby, proved to be in desperate need of some consistent direction and attention. We hired a trainer to come to the house. I also dug out all of our training books and searched online for new techniques when some of the things we were doing didn’t seem to suit Toby or me. One of the biggest challenges was walking him. We live in a pretty quiet neighborhood, but any so [...]

March 15, 2016 - {3:54 minutes to read} Clients in initial consultations are sometimes hesitant to begin mediation because of: Fear the other will take advantage of them and the process; Friends and family saying they should have a lawyer fight for them; The other person having a greater advantage in bargaining power. In previous posts, I’ve written how those kinds of concerns can be overcome in the process of mediation. You can have the support of legal, financial and ment [...]

February 2, 2015 - Though mediation is a less contentious way to divorce, there are still some myths that keep people from taking advantage of the process. Here are 5 of the most common ones: 1.  Only people who agree on terms of settlement can mediate.   If that were true, there would be no need to mediate, and they could just enter into a settlement agreement. Of course, people who disagree can mediate, just like people who are angry can mediate and people who don’t re [...]

January 5, 2015 - [Time to Read: 4.1 mins] At the initial consultation, clients often express concern that within the process of mediation they may not “get a good deal.” They wonder if they will be able to mediate because they do not have the same financial expertise as the other party, or perhaps the other party is more educated or has more business savvy. Whether these feelings are real or perceived, they can be a barrier to the clients’ ability to feel comfortable w [...]

July 24, 2013 - One of the most fascinating aspects of mediation is how the process can transform someone who feels reticent or insecure in decision making. At the initial consultation, clients often say that they are concerned that within the process of mediation they may not “get a good deal” and question if they are able to mediate because they do not have the same financial expertise as the other party, or perhaps the other party is more educated or has more business sa [...]

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