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Mediation Blog

Topic: Will | 148 post(s).

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. [...]

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 [...]

September 15, 2022 - {3 minutes to read} If you and your spouse have a lot of conflict between you, you're going to want to have as much detail as possible in your parenting agreement. Here are a few tips that can help you to achieve that during your mediation.  1. Speak Up.    Clearly, your mediator is going to be aware of the level of conflict between the two of you and will raise the issues that are most commonly addressed in Separation Agreements in terms of parent [...]

April 20, 2022 - {3 minutes to read} When I meet with clients who will have difficulty in making joint decisions about their children after the Separation Agreement is signed, the first thing we do is discuss a structure that will help them. If their level of conflict is so high that even after such a process, they STILL will be in conflict, we will discuss if they could agree to one parent making the final decisions. Or having one parent make final decisions regarding education issues [...]

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