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

Topic: Self-determination | 7 post(s).

September 30, 2020 - {3 minutes to read} I know that it has been a constant refrain of mine that budgets are vital in mediation, but I learned how truly indispensable they can be during a recent one. The couple were both high-wage earners, and one parent was agreed upon to be the primary residential parent. The non-residential parent proposed a different type of child support payment in which, rather than payment of the standard child support that would be calculated under NYs Child Support [...]

August 17, 2018 - {3:42 minutes to read}  One of the major benefits of mediation is that parties make the decisions about their lives and the lives of their children. Self-determination is an awesome responsibility in that regard, and couples should be prepared to accept that responsibility when choosing to mediate. To me, this would mean that parties should make sure that they have all of the resources they may need in order to make the best decisions they can. Choosing the Mediat [...]

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 [...]

March 20, 2017 - {3:24 minutes to read} One question that I’m asked by clients fairly often is, “Do you think I should accept this?” Or “Is it good for me to do x, y or z?” I understand why a client would ask. But, like the question, “Do you think that this is fair?” it’s not one that a mediator can answer (Fair is in the Eye of the Beholder]. It certainly seems expedient, especially if the couple just wants it all to be over. The mediator [...]

September 29, 2015 - {3:36 minutes to read} In a previous post, I discussed the difficulty faced by a mediator when he or she needs to consider whether or not the client’s right to self-determination should be controlling in the face of an agreement that could be considered unconscionable. In my initial consultation with clients, I try to draw the distinction for them between someone who: Is unable to fully participate in the mediation; Does not have the capacity to mediate [...]

August 4, 2015 - {3:48 minutes to read} This question is the subject of many a treatise, panel discussion, informal debate among mediators, and heartfelt soul-searching for an individual mediator confronted with the situation. If you’ve been mediating a while, undoubtedly this has come up for you. Or if you’re a client in a mediation, you may wonder just how strong is your right to determine the outcome. The scenario: A client knows the substantive law on the issue, underst [...]

July 6, 2011 - As a mediator, I do not insist that my clients use review or consulting attorneys as a matter of course. I feel that the self-determination of the clients in mediation is paramount and that this extends to the decision of whether or not he or she retains an attorney. However, I do recommend that clients seek the advice of an attorney at the very least before signing a Separation Agreement because I think that it is important for clients to get the kind of legal advice th [...]

Page:[ 1 ]
Search
Topics
Mediation (118) | Divorce (109) | Separation (26) | Divorce Mediation (19) | Mediator (13) | Child Support (11) | Litigation (11) | Communication (10) | Conflict (10) | Separation Agreement (9) | Prenup (7) | Attorney (7) | Co-Parenting (7) | Consultation (7) | Parenting (6) | Clare A. Piro Mediation (6) | Collaborative Divorce (6) | Clare A. Piro (6) | Parenting Plan (5) | Children (5) | Assets (5) | Marital Home (5) | Marital Assets (4) | Separate Property (4) | Expenses (4) | Settlement (4) | Family (4) | Finances (4) | CSSA (4) | Agreement (4) | Equitable Distribution (4) | Divorce Coach (3) | Marital Property (3) | Responsibility (3) | Child Consultant (3) | Clients (3) | Family Court (3) | Child Inclusive Mediation (3) | Emotions (3) | Listening (3) | Estate Documents (3) | Financial Professional (3) | Relationships (3) | Prenuptial Agreement (3) | Divorce Mediator (3) | Mediation Myths (3) | Clare Piro (3) | Divorce Agreement (3) | Child Support Standards Act (3) | Divorce And Children (3) | Joint Decisions (3) | Divorce Finances (3) | Informed Decisions (3) | Custody (2) | Estate (2) | Collaborative Practice (2) | Mediate (2) | Joint Decision Making (2) | Spouse (2) | Child Support Standards Act (CSSA) (2) | CDFA (2) | New York Child Support Statute (2) | Bitterness (2) | Compromise (2) | Anger (2) | Unrequited Love (2) | Law Professionals (2) | Post-Divorce Income (2) | Attitude (2) | Apology (2) | Calculating Support (2) | Moving Forward (2) | College Expenses (2) | Pandemic (2) | Grace (2) | Blended Families (2) | Budgets (2) | Consulting Attorney (2) | Legislation (2) | Settlement Agreements (2) | Seperation (2) | Conflict During Mediation (2) | Equal Parenting Plan (2) | Truth (2) | Will (2) | Mediation Versus Litigation (2) | Mediation Benefits (2) | Couples (2) | Separation Agreements (2) | Step-Children (2) | Step-Father (2) | Step-Mother (2) | Inheritance (2) | Anxiety (2) | Certified Divorce Financial Analyst (CDFA) (2) | Budget (2) | Agreements (2) | Surviving Spouse (2) | Right Of Election (2) | Humanity (2) | Feelings (1) | Pension Plans (1) | Joseph Goldstein (1) | Waiving Spousal Support (1) | Intention (1) | Languish (1) | New Year’s Resolutions (1) | COVID 19 (1) | Postnuptial Agreements (1) | Lack Of Focus (1) | Child Focused Mediation (1) | New York’s Child Support And Maintenance (1) | Thrive (1) | Mediating Emails (1) | Facial Expression (1) | Family Mediations (1) | Tone Of Voice (1) | Communicating (1) | Depression (1) | 50/50 Parenting Plan (1) | Expectations (1) | Parental Holiday Sharing (1) | Caucus (1) | Agreement To Mediate (1) | Technical Difficulties (1) | Mediating Virtually (1) | Mediating Onine (1) | Religious Holidays (1) | Cultural Holidays (1) | Holiday Season (1) | Parenting Schedules (1) | Separating (1) | Guilt (1) | Power Of Regret (1) | Couples Counseling (1) | Understood (1) | Heard (1) | Unhappy Relationship (1) | Lack Of Communication (1) | 50/50 Parenting (1) | Co-parenting (1) | Pathological Liar (1) | Custody Determination (1) | Anxious Thoughts (1) | Tough Decisions (1) | Older Adults (1) | Eldercare (1) | Elder Mediation (1) | Older Parents (1) | Domestic Violence (1) | Primary Caretaker (1) | Child's Best Interests (1) | Children And Divorce (1) | NYs Child Support Guidelines (CSSA) (1) | Child Support Payment (1) | Non-Residential Parent (1) | A Neutral (1) | An Advocate (1) | Pensions (1) | Transition Day (1) | On-Duty Parent Responsibilities (1) | Retirement (1) | Judge (1) | Retirement Plans (1) | Commitment (1) | Support (1) | Hope (1) | Breast Cancer (1) | Ovarian Cancer (1) | Support Connection (1) | Cancer (1) | Successful Mediations (1) | Being Understood (1) | Postnup (1) | Being Heard (1) | Divorce Needs (1) | Collaboration (1) | Decision Makers (1) | Cohabitation Agreement (1) | Cohabitating (1) | Unmarried (1) | Emotional Trauma (1) | Default Provisions (1) | Divorce Agreement Terms (1) | Parent Coordinator (PC) (1) | Real Estate (1) | Real Estate Buyout (1) | Buyout Options (1) | Partial Buyout (1) | Buyout (1) | Inflation (1) | Children Of Divorce (1) | Interest Rates (1) | Selling The Marital Home (1) | Divorce Terms (1) | Self Compassion (1) | Self Reflection (1) | Meditation (1) | Fairness (1) | Separate Asset (1) | Marital Asset (1) | Consulting (1) | Parenting Agreement (1) | File A Petition (1) | Final Decisions (1) | Legal Rights (1) | Perspective (1) | Alternative Dispute Resolution (1) | ADR (1) | Presumptive ADR Program (1) | New York Family Court (1) | Family Court Presumptive ADR Program (1) | Parenting Styles (1) | Coparenting (1) | Opposites (1) | Qualified Domestic Relations Order (QDRO) (1) | Personality (1) | Separate Property Credit (1) | Advocacy (1) | Empowerment (1) | DecisionMaking (1) | CoParenting (1) | Family Occasions (1) | Honest Conversation (1) | Pension (1) | Actuarial Company (1) | Parent Coordinator (1) | Ideas (1) | Contentment (1) | Happiness (1) | AcceptableOutcome (1) | Mediation Process (1) | Matrimonial Practice (1) | Kindness (1) | Righteous Anger (1) | Disagreements (1) | Beliefs (1) | Income Level (1) | Saving Grace By Kirsten Powers (1) | Kirsten Powers (1) | Court (1) | Maggie O’Connor (1) | Pro-Rata (1) | Support Add-ons (1) | Bonuses (1) | Commissions (1) | Remain Healthy (1) | Lawyer (1) | Global Pandemic (1) | Extremes (1) | Contribution (1) | Parents (1) | Disclosure (1) | Moving On (1) | Unemployment (1) | Seperation Agreement (1) | Payments (1) | Fall (1) | Nesting (1) | Conflicy (1) | Acknowledgement (1) | Power (1) | School Year (1) | Kids (1) | Summer (1) | Marriage (1) | Resolution (1) | College (1) | Compassion (1) | Abundance (1) | Installment Agreements (1) | Joint Account (1) | Financial Costs (1) | Lack Of Trust (1) | Accusations Of Delay (1) | Tentative Agreements (1) | Permanent Agreement (1) | Temporary Agreement (1) | Joint Legal Custody (1) | Hurricane Harvey (1) | Negative Communication (1) | Divorce Papers (1) | Retirement Account (1) | Maritial Assets (1) | Maritial Property (1) | Transmutation (1) | Commingling (1) | Married Couples (1) | Scarcity (1) | Divorce Law (1) | Settlement Term (1) | Alone At The Holidays (1) | Relocation (1) | Specialist (1) | Mental Health (1) | Equity (1) | House (1) | Finding Love After Divorce (1) | Post-Divorce Dating (1) | Holidays Post-Divorce (1) | Difficult Clients (1) | Holiday Blues (1) | Scared Of Divorce (1) | Fear Of Divorce (1) | Halloween (1) | Moving On After Divorce (1) | Joint Physical Custody (1) | Parenting Post-Divorce (1) | Parenting Plans (1) | Change (1) | Self-determination (1) | Grandparents (1) | Self-talk (1) | Baby Boomers (1) | Living Apart (1) | Living Together (1) | Effects On Family (1) | Older Dogs (1) | Adopt Shelter Dogs (1) | Dogs (1) | New York (1) | Advice (1) | Self Determination (1) | Blame (1) | 2015 (1) | Year In Review (1) | Mindfulness (1) | Equality (1) | Balance (1) | Control (1) | New York State (1) | Settle Agreement (1) | Life Insurance (1) | COVID19 (1) | Family Law Software (1) | Court Vs Mediation (1) | Needs Vs Wants (1) | Negotiation (1) | Entitlement (1) | Court Process (1) | Financial Documents (1) | Financial Information (1) | Mental Health Professional (1) | Asset Distribution (1) | Fear Of Separation (1) | PostNup (1) | Post Nuptial (1) | Time To Process (1) | Patience (1) | Marriage Counseling (1) | Frame Of Mind (1) | Reluctant Spouse (1) | Marital Concerns (1) | Attitudes Toward Prenups (1) | Seller (1) | Social Distancing (1) | Court Order (1) | Matrimonial Cases (1) | Custody Disputes (1) | Multiple Assets (1) | FinancialPortfolio (1) | Complicated Finances (1) | Mediation Misconceptions (1) | Maintaining Calm (1) | Collaborative Process (1) | Coronavirus (1) | Meditate (1) | Property Distribution (1) | Equitable Distribution Statute (1) | Apologizing (1) | But (1) | Fiancé (1) | Prenuptial Agreement (Prenup) (1) | Telling Your Spouse (1) | Buyer (1) | Spousal Support (1) | Affair (1) | Dishonest (1) | Little White Lies (1) | Lies (1) | Public Trust (1) | Personal Relationships (1) | Settlement Agreement (1) | Married (1) | Bankruptcy (1) | Work Stress (1) | Wife (1) | Husband (1) | Financial Situation (1) | Custodial Parent (1) | Intervention (1) | Dreaming (1) | Therapy (1) | Beneficiary (1) | Spouses (1) | Holiday Preparations (1) | Cash Flow (1) | Taking Responsibility (1) | Interest Payments (1) | Equity Loan (1) | Refinance (1) | Divorce Assets (1) | Emotional Attachment (1) | Dividing House Asset (1) | Ex-Spouse (1) | Accepting Responsibility (1) | Remarriage After Divorce (1) | Perfection (1) | Family Enrichment (1) | Attitudes (1) | Significant Other (1) | AttorneyPresence (1) | FamilyMediation (1) | MediationSession (1) | LawyerDivorceMediation (1) | Matrimonial Dispute (1) | Credit Against Child Support (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.