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Mediation Blog

Topic: Will | 152 post(s).

May 15, 2024 -   Clare Piro, a family and divorce mediator and attorney, advises against pressuring a spouse into choosing a mediator they don't like. Instead, she suggests identifying the qualities each of you seeks in a mediator and using those criteria to evaluate potential mediators. If your spouse continues to reject all options, it might raise questions about their willingness to engage in good faith mediation. In that case, you may need to reassess if mediation is the ri [...]

February 28, 2024 - The Greek philosopher Heraclitus is credited with the idea that the only constant in life is change. Or to put it another way, the only thing you can count on is change. There will be times when one parent wants to make a change to the co-parenting holiday schedule. This video lists two “don’ts” that you should observe if one parent is suggesting a change, especially during the holidays. If you would like more information about mediation, prenups, an [...]

January 24, 2024 - If you're concerned that you and your co-parent will have some difficulty in implementing the terms of your parenting plan, it's a good idea to include the name of a parent coordinator in your agreement. Having a pre-determined advocate on hand who can help you with that conflict is a good idea for many reasons.  If you would like more information about mediation, prenups and family law, check out my website — ClarePiroMediation.com. [...]

October 25, 2023 - The past couple of videos have dealt with mediating your divorce if there are trust issues with your spouse. The most distressing and emotional trust issue is, of course, infidelity. A successful mediation will require you to focus on what your spouse is saying, not how you feel. And most importantly, you must base everything on the best interests of your entire family, including the unfaithful spouse. If you would like more information about mediation, prenups, and fa [...]

October 11, 2023 -   In my last video, we explored the viability of mediating if you can not trust your spouse. In this video, we question whether the trust issue is due to financial impropriety. If you're receiving support, are you afraid the other person isn't going to pay it? Will the agreed-upon terms actually be implemented? If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com. [...]

August 8, 2023 -   There are times in mediation when you may want to speak with the mediator about an issue like the mediation is not progressing as expected. It is perfectly fine to reach out to the mediator with your concerns. If you are concerned about your safety — contact the mediator immediately and let them know. If the situation is sensitive, the mediator may suggest a caucus where they will meet with each of you individually. Most importantly, if you have a concern [...]

July 13, 2023 -   Having very different ideas about the value of your home can create difficulties when you try to sell. Including language in your agreement establishing the lowest offer you will accept can help. It doesn't negate the usual give-and-take you would have with a buyer and will only apply if you don't otherwise agree. Possible problems can arise in the future, so talk about them now while you're in mediation, and can address them together.  If you would like [...]

June 21, 2023 -   If you're talking about jointly owning your home after your divorce, you want to factor into your agreement a lot of detail, including the time or circumstance that will trigger listing your home. You can select a specific date in the future or base the listing upon an event, such as when your youngest has finished the first year of college. If the detail is not in the agreement, and something happens, you could end up in court, and that is what you're trying t [...]

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 [...]

May 3, 2023 -   There has been lots of noise on the internet lately about drafting your own separation agreement. Some couples have come in with a piece of paper where they divided the assets and made co-parenting arrangements, but unfortunately, the document has to pass muster under New York law which is very strict. If it doesn’t, your agreement can be voided and you will have to start again. If you would like more information about mediation, prenups, and family law, [...]

November 16, 2022 -   No couple gets married expecting to be divorced, but when creating a prenuptial agreement most couples decide to include a term defining what will be considered marital and separate property. If the couple defines them in a way that limits them, then obviously, there will be limited assets subject to distribution if they do get divorced. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com. [...]

November 1, 2022 -   It’s that time of year when ghosts and goblins abound, scaring the kids and sometimes the adults as well. The overall feeling of being scared, anxious and out of control is very similar to how divorcing parents feel, especially when it comes to their children. A Child Specialist can advise you in ways to help combat those emotions. [...]

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