Tag Archives: negotiating in mediation

Mediating Prenuptial Agreements – Part II

In our last post, we discussed how individual and shared interests often come into conflict in negotiating prenuptial agreements. We saw how an aggressive attorney representing the wealthier of two engaged partners might produce an initial draft prenup with the … Continue reading

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Prenuptial Agreements: How Mediation Can Help – Part I

Situations where parties have both opposing interests and shared interests are well-suited to mediation. Divorce settlements generally fall into this category. As we will discuss in this post, prenuptial agreements — often called “prenups”— fall into it even more squarely. … Continue reading

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Interest-Based Negotiations: Mark and Kathleen Discuss Rehabilitative Alimony

Last month we talked about “win-win” negotiations in divorce mediation. As we discussed, the key to win-win negotiating is accurately identifying the interest, or interests, behind each position or demand. Identifying interests can be tricky though. It requires looking at … Continue reading

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“Win-Win” Negotiations in Divorce Mediation

One of the first things you may hear as a couple interested in divorce mediation is that the process offers “win-win” solutions. Many people find this description confusing. What is a win-win solution? How can we possibly both win when … Continue reading

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Tailoring Mediation: Eva and Eric Address Parenting Issues

Today we are continuing to follow Eric and Eva as they focus on using divorce mediation to address parenting issues. As we learned in our introductory post, 40-year-old Eric and 43-year-old Eva have been married for 15 years. They have … Continue reading

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Tailoring Mediation: Eva and Eric

In our last few posts we have been following three couples attempting to tailor divorce mediation to their own specific needs. Today we are looking at Eric and Eva, a couple in their early forties who have been married for 15 years … Continue reading

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Tailoring Mediation: Katherine and Julian Address Their Finances

Today we are going to look at some ways to resolve financial issues in divorce mediation. We met Katherine and Julian in our two previous posts. They are both 33, have no children, and have been married for six years. … Continue reading

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Mediation for Post-Divorce Issues

Mediation can be highly effective for resolving issues in divorce, and it’s also a great option for addressing post-divorce issues. Fortunately, couples who use mediation to negotiate Marital Settlement Agreements (MSA’s) tend to have few post-divorce disagreements. Those who receive … Continue reading

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How to Address Power Imbalances in Divorce Mediation

In our two most recent posts, we addressed certain safeguards that may improve mediation’s effectiveness when there is a higher than average level of conflict between participants, including considering a structured mediation process, and taking advantage of pre-mediation coaching. Today … Continue reading

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Divorce Mediation up Close and Personal: Part VIII—Derek and Stacey Calculate New Jersey Shared Parenting Child Support

When we last saw Derek and Stacey, in Part VII of “Up Close and Personal” they were wrapping up their third mediation session. They had made great progress working out their property division and deciding how to handle child custody, … Continue reading

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