Posts

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 potential to derail what would otherwise be a happy marriage. In this post we will talk about how the mediation process can provide a better alternative. Read more

Please like and follow us to keep up to date with the latest family law information:

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. This makes mediation a potentially useful process for negotiating such agreements. Read more

Please like and follow us to keep up to date with the latest family law information:

Interest-Based Negotiations: Mark and Kathleen Discuss Rehabilitative Alimony

divorce mediation tipsLast 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 things from someone else’s perspective. Whenever you reach an impasse in negotiations, it can be helpful to ask yourself if you are making assumptions based on your own ideas. If so, stop and listen carefully to what the other person is saying. Read more

Please like and follow us to keep up to date with the latest family law information:

“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 our interests are so divergent? We both want the house, we both want custody of the kids, one of us wants alimony and the other doesn’t want to pay it… Clearly someone has to lose! Read more

Please like and follow us to keep up to date with the latest family law information:

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 two children, Chris, who is 10, and Laura, who is 12. For the time being, Eva is remaining in the family home, while Eric is moving into a nearby rented townhouse. Read more

Please like and follow us to keep up to date with the latest family law information:

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 and have two young children, ages 10 and 12.

In our introductory post, we learned that Eva blames Eric for the breakdown of the marriage. She describes him as a “workaholic” who has long been disconnected from the family. Eric does not contradict this, but says he now wants things to change. He is seeking not just joint legal custody of the children, but also 50/50 shared physical custody. This makes little sense to Eva, who observes that by his own admission, he has never spent much time with the children. She thinks joint legal custody is fair, but does not see shared physical custody as a realistic option. Eric, however, is adamant about this. Read more

Please like and follow us to keep up to date with the latest family law information:

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. As we learned last month, they decided to go through marriage counseling to address emotional problems before making a final decision to divorce. If they do divorce, the next question will be whether or not they can use mediation effectively. Read more

Please like and follow us to keep up to date with the latest family law information:

Mediation for Post-Divorce Issues

Couple Meeting with ConsultantMediation 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 orders after contentious court procedures may be more likely to continue to fight over those orders. Whether you originally participated in divorce mediation or not, however, you are free to go to a mediator to resolve any post-divorce disagreements. Such disagreements tend to concern isolated matters which can be resolved in one or two mediation sessions, presenting a much cheaper and less stressful alternative to court. Read more

Please like and follow us to keep up to date with the latest family law information:

How to Address Power Imbalances in Divorce Mediation

Hand with dollar banknote
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 we will look at another common aspect of high-conflict divorce mediation: the existence of “power imbalances.” How do power imbalances tend to show up in divorce mediation, and what can mediation participants expect from a mediator in terms of safeguarding against the possibility that a power imbalance might sabotage a potentially successful mediation? Read more

Please like and follow us to keep up to date with the latest family law information:
divorce mediation case study series

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

divorce mediation case study seriesWhen 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, but they still needed to deal with child support, and possibly alimony. Read more

Please like and follow us to keep up to date with the latest family law information: