Don Sinkov

Free Divorce Mediation Consultation? Absolutely

Don Sinkov of YourDivorceMediator.com discusses free mediation consultationWhen I first started as a divorce mediator, I really had no model of how to conduct myself and my practice.  I would interview prospective clients over the phone, try to answer questions and tell them how we were going to cooperate and work this out together at the mediation session.

About 30% of the people that called became mediation clients. Not a very good batting average. Certainly not good enough for the major leagues.

Instead of the “phone” consultation, I started offering a free “in-person” consultation and quickly saw the advantages. This gives the mediator and the potential clients an opportunity to meet each other face-to-face and see if they can make a connection. Even more than that, as the mediator, I gain an insight into their relationship and the dynamics of their family.

The consultation isn’t just a meet and greet; it’s really an opportunity for me to prepare my clients for the mediation, such as answering:

  • Do we have to get values for property or some other asset?

  • If there is a buy out, can one party qualify for a refinance?

  • Do they need to create a budget to see if their decisions for moving forward are economically feasible? Continue reading

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Divorcing Couples Are Not Lawyers – Give Them a Break!

Don Sinkov of YourDivorceMediator.com discusses divorcing couple behaviorOften divorcing couples come to mediation having done some research or gotten advice from friends. Since this is usually their first divorce, they try to get as much information as they can, so they can be informed as they go through the mediation/divorce process. But this is very much like trying to study the night before the test.

Mediators and attorneys have to understand that clients don’t know this stuff, and we have to be patient in stepping them through the information. Leave the decision making up to them, but help them in getting the information they need to make the decisions. We shouldn’t be impatient when:

  • They calculate their own child support after deducting expenses not allowed by the child support worksheet

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International Divorce Mediation: Skype Makes It Easy; Different Systems Make It Challenging

Don Sinkov of YourDivorceMediator.com discusses international divorce mediation.I just completed another divorce mediation on Skype. One spouse was in New York and the other in Europe. Technology allows you to communicate over long distances, with both video and audio. We were able to speak and see the person as if they were right in the room with us – way better than speakerphone.

What was difficult about the mediation was that in this particular European country, the healthcare and educational systems are very different from systems in the United States.

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Is Your Parenting Plan Effective?

Don Sinkov of YourDivorceMediator.com discusses the value of parenting plans.As the years whirl on and I see more and more clients, I’m becoming acutely aware that mediation training needs to focus more on custody arrangements and parenting plans. This past year, I made a concerted effort to contact the Association of Family and Conciliation Courts (AFCC), to get the research for me and literature for my clients, to help in creating effective parenting plans.

When I started out as a mediator, I didn’t receive a lot of training about raising children and constructing effective parenting plans, based in part on the empirical research.  For example, I didn’t learn about attachment theory, and how that plays into constructing an age appropriate parenting plan for children. If you don’t understand children’s developmental issues, you are really missing important information on how children behave. Understanding this allows you to construct parenting plans for children at different stages of their development. Continue reading

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We Got the Kids!

Don Sinkov of YourDivorceMediator.com discusses who should decide child custody.This is a prime example of what happens when you leave the decision-making about your children’s lives to a stranger who doesn’t know your kids. Whether it’s a lawyer or a judge, it can be a BIG mistake.

In a litigated case, the attorney for the father asked him what he was looking for, “What do you want?”  The father indicated that he thought he would like to have custody of the kids, but admitted that he had never been the caregiver. “My wife has always been the caregiver, and I’m not sure if I can handle that, but I was thinking about it.”

The lawyer asked if there was anything else he wanted, and the husband said:

“No, we’re pretty much in agreement with all the other issues. There isn’t a lot of money to divide, and truthfully, I had an alcohol and gambling problem, so I burned through all the money we had. I’m going to AA, but I have to be honest, I don’t go to all the meetings.” Continue reading

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Is the Home a Married Couple’s Greatest Asset? Maybe Not.

Don Sinkov of YourDivorceMediator.com discusses what is your largest financial assetToday, more often than not, the family home is not a couple’s greatest asset. Although it used to be, the defined benefit pension may now be worth more than the home. For many years, homes were going up in value. During the boom in early 2000, some prices were going up 30% or 40% in one year. Since then, prices leveled off, and many have gone down.

Now, more and more clients are coming to mediation with:

  • Little equity in the house;

  • Some equity in the house;

  • Negative equity in the house.

It is now less common to find couples with paid off mortgages or who have a lot of equity in the house, thus the pension has become the largest asset.

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You’re a Mediator. Really?

Don Sinkov of YourDivorceMediator.com advises to hire a mediator rather than a lawyer.I was recently emailed a 65-page Settlement Agreement by an unhappy couple. They said that the mediator who created the Agreement was horrible: He had produced this incredibly long Agreement, but they still had tons of unresolved issues.

They explained that the odd part was that the husband and wife were in complete agreement on everything. However, a week or two after they had been in to modify the Agreement for the third time, the mediator called them and said, “I’ve discovered more issues. You have to come back.”

They said, “We used the services of this mediator to create our Settlement Agreement.”

I asked, “Do you mind telling me who it is?” Continue reading

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Mediation and Couples Therapy: Can They Work Together?

Don Sinkov of YourDivorceMediator.com discusses mediation and couples therapy: can they work together?When post-divorce couples come back to mediation, it is often to modify child support because of a change in the parents’ income and/or the parenting plan, or because children’s needs change over time. Child support was based on previous earnings that may be very different now. The parents may have created a parenting plan that worked initially, but now after some time has passed, is no longer working. Whatever the reason, the agreement needs to be modified.

That’s not very difficult in mediation. However, there are some couples who just can’t agree. We completed the settlement agreement, and that’s all behind us. It was a difficult process because both of them were anxious to get divorced, but now they are divorced, and at least one of them is still unhappy.

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Why Parenting Plans Fail

Don Sinkov of YourDivorceMediator.com discusses why parenting plans failBefore you construct a parenting plan, don’t think about how many hours you are entitled to see the kids. Think about how to construct a plan that takes into account all the changes in the children’s lives that are going to occur post separation/divorce.

When constructing parenting plans with couples, the conversation with one parent sometimes goes like this:

Parent: “I want my kids 50% of the time, and I want to make sure they are going to be with me exactly 50%. I’m the parent and that’s the way it’s got to be.”

Mediator:  “Okay, I understand you feel strongly about that. So tell me, what is your parenting time with your children going to be like?”

Parent: “Well, I only have a small apartment, but I want them to stay there and sleep over every other weekend, and a couple nights during the week.” Continue reading

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When a Mediator Levels the Playing Field, Is that Really Advocacy?

Your Divorce Mediator, Don Sinkov discusses the challenge a mediator faces when one spouse lacks the knowledge to sufficiently fight for his/herself when creating a Divorce Agreement.How often do mediation clients say:

“We don’t want anything to do with lawyers. We will not have lawyers review the Agreement. We hate lawyers. We know what they do in divorce cases. We don’t want any part of that.”

Unfortunately, the spouse that’s the most vocal about this is usually the one with the most money. The moneyed spouse doesn’t want anybody reviewing their Agreement. They usually have the financial savvy, where the other spouse doesn’t.

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Don Sinkov, Accredited Divorce Mediator, provides Divorce Mediation, and Legal Separation Agreements in the following areas of WESTCHESTER COUNTY New York - Ardsley NY 10502, Armonk NY 10504, Bedford NY 10507, Bedford Corners NY 10507, Bedford Village NY 10506, Briarcliff Manor NY 10510, Bronxville NY 10708, Buchanan NY 10511, Chappaqua NY 10514, Crompond NY 10517, Croton Falls NY 10519, Croton-on-Hudson NY 10520, 10521, Crugers NY 10521, Dobbs Ferry NY 10522, Eastchester NY 10707, 10709, Elmsford NY 10523, Fairview NY, Golden’s Bridge NY 10526, Greenville, Harrison NY 10528, Hartsdale NY 10530, Hastings-on-Hudson NY 10706, Hawthorne NY 10532, Heritage Hills, Irvington NY 10533, Jefferson Valley-Yorktown NY 10535, Lake Mohegan NY 10547, Larchmont NY 10538, Lincolndale NY 10540, Mamaroneck NY 10543, Mount Kisco NY 10549, Mount Vernon NY 10550,10551,10552,10553, New Rochelle NY 10801, 10802, 10803, 10804, 10805, Ossining NY 10562, Peekskill NY 10566, Pelham NY 10803, Pelham Manor NY 10803, Pleasantville NY 10570, 10571, 10572, Port Chester NY 10573, Rye NY 10580, Rye Brook NY 10573, Scarsdale NY 10583, Scotts Corners NY 10576, Shennorock NY 10587, Shrub Oak NY 10588, Sleepy Hollow NY 10591, Tarrytown NY 10591, Thornwood NY 10594, Tuckahoe NY 10707, Valhalla NY 10595, Verplanck NY 10596, White Plains NY 10601, 10602, 10603, 10604, 10606, 10607, 10610, Yonkers NY 10701, 10702, 10703, 10704, 10705, 10706, 10707, 10708, 10709, 10710, Yorktown Heights NY 10598.


YourDivorceMediator.com by Don Sinkov, Accredited Divorce and Family Mediator, Divorce Mediation, Legal Separation, and child custody mediation, proudly serves the following towns in Upstate New York - PUTNAM COUNTY New York - Adams Corners NY 10579, Brewster NY 10509, Carmel NY 10512, Cold Spring NY 10516, Crofts Corners NY 10579, Garrison NY 10524, Kent Lakes NY 10512, Lake Carmel NY 10512, Lake Lincolndale NY 10541, Lake Mahopac NY 10541, Lake Peekskill NY 10537, Lake Secor NY 10541, Mahopac NY 10541, Mahopac Falls NY 10542, Manitou NY 10524, Nelsonville NY 10516, North Highland NY 10516, Oscawana Lake NY 10579, Patterson NY 12563, Philipstown NY 10516, Putnam Valley NY 10579, Sears Corners NY 10509, Southeast NY 10509, Tompkins Corners NY 10579.