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Mediation Blog

Topic: Family Law | 50 post(s).

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 26, 2023 -   Are you feeling like something is a little off in your mediation? This video advises you to bring it up and put it on the table during your session. If you ignore it and sign an agreement, you've lost your opportunity to address it constructively. When in doubt, speak up! If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com. [...]

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 [...]

June 7, 2023 - A couple of topics came up in a peer group that I run for divorce mediators that took the discussion to a more personal rather than professional level. The topics were raised by two members of the group who had suspended their careers during the time that they were raising their children, resulting in lost opportunities. They embarked on new careers. But what cannot be regained is those lost opportunities. If you would like more information about mediation, prenups and [...]

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, [...]

May 1, 2023 -   In this video, I address whether guilt belongs in divorce mediation. Consider several factors: thoroughly evaluating the agreement and its consequences, seeking objective advice to assess fault accurately, and projecting future feelings to avoid potential regrets. Clients ultimately make their own decisions in mediation but are advised to do so with awareness and understanding. If you would like more information about mediation, prenups, and family law, check [...]

April 13, 2023 -   If one party doesn't believe they are receiving what they're entitled to and the other party doesn’t agree to what they seek, your divorce mediation could be in jeopardy. In this video, we look at real issues that could be behind the resistance to or desire for something to which a party believes they are entitled.  If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com. [...]

March 20, 2023 -   The previous article in this series looked at how a partial buyout might help resolve the issue of today’s higher interest rates complicating your divorce. This article outlines other creative ways to approach the situation, including one called a credit against child support.  If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com. [...]

March 7, 2023 -   My last article spoke about how high mortgage interest rates could complicate a buyout in your divorce mediation. In the second article of this series, we explore how a partial buyout might be the answer for the person who is not staying in the home but needs to have some cash right away. There are a couple of options that might allow this to work for your divorce. If you would like more information about mediation, prenups and family law, check out my website [...]

February 22, 2023 - This article is the beginning of a series about the disposition of the marital home for couples with children. When there are no children in the marriage, the usual plan for a divorcing couple is to sell and divide the proceeds. When there are children, one party may buy out the other in order for the children to remain in their school district, but today’s higher interest rates may complicate the buyout and the divorce.If you would like more information about me [...]

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