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Mediation Blog

Topic: Settlement | 29 post(s).

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 [...]

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 [...]

February 19, 2019 - {3:00 minutes to read} In many cases, clients decide to separate as a mutual decision and come to mediation without assessing any blame or fault on the other. In many other cases, though, one party feels either that the other party is to blame (i.e., if the other person had an affair) or that the other person is at fault because he or she is the one who wants the divorce against the wish of the other to stay married. In those cases, a pervasive attitude of blame or fault [...]

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 28, 2018 - {3:40 minutes to read} There is a mindfulness meditation that I enjoy doing that focuses on the inner critic we all have — that voice in your head that tells you that you messed up, made a fool of yourself or just don’t know what you’re doing. The suggestion is to create a picture in your mind of the critic to aid in recognizing that it is your inner critic speaking so you are not derailed. (My favorite is of a stern judge in dark robes frowning from a [...]

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 [...]

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 [...]

June 22, 2018 - {4:00 minutes to read}  After a divorce, many somewhat routine aspects of your life will be changing. It may be hard, but as you move forward with your life, you will have to adapt to these changed situations. In some cases, you may be able to anticipate those situations, and include provisions in your settlement agreement. During the mediation, being asked about what types of vacation provisions you want in your agreement may come as a surprise. The idea of going [...]

March 29, 2018 - {3:42 minutes to read} It’s clear that until an agreement is signed, the tentative agreements you make along the way are not legally enforceable. But, those tentative agreements are vital as you progress from meeting-to-meeting in order to reach an overall settlement. While you are free to change your mind up until the time you sign your name on the agreement, there can be consequences to making changes to something you previously agreed to: Other Terms Can Chang [...]

March 14, 2018 - {3:42 minutes to read} Interim agreements are agreements that determine certain terms before the parties sign a comprehensive separation agreement. Some of the topics that may be covered by these kinds of agreements could be:  How to handle the sale of a house; Support and parenting plans; A provision that marital assets stop accumulating as of a certain date; and Arranging for the disposition or purchase of a particular asset. Typically, in my practice, cl [...]

November 1, 2017 - {4:12 minutes to read} As I described in Part I of this post, it’s not unusual to feel completely overwhelmed upon hearing that your spouse wants a divorce. You think the last thing you are capable of doing is making good decisions about your children and your finances. But then you keep getting pushed by your spouse to start the divorce ASAP. You can tell your spouse that you need some time to process everything and get the support that you may need to move forwa [...]

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