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If You Can’t Bargain for Yourself, Maybe Mediation Isn’t for You!

{3:48 minutes to read} One of the elements of a successful mediation is the client’s ability to bargain in their own self interest. Often, I have one spouse who is more concerned about what is going to happen to their soon-to-be ex-spouse than they are about themselves. When I see that, I say, “Listen, your spouse is concerned about him or herself, and you’re concerned about them also, so there are two people concerned about them but who is expressing concern for you. For this mediation to be successful, you have to speak up for yourself and play a part in constructing what you both believe is a fair settlement.” […]

An Advisory Schedule for Spousal Support: What Does That Mean?

{2:00 minutes to read} For years, divorce professionals, attorneys, mediators, judges and lawyers have all been asking for spousal maintenance (formerly called alimony) guidelines. Cases which had the same facts were getting different alimony awards from different judges. In some cases very, very different: Disturbingly different. After the Miller Commission conducted hearings, the law revision committee spent 5 years trying to arrive at a formula of spousal maintenance, while special interest groups exerted their influence. Toward the end, Judge Sunshine and Eric Tepper, whom we all admire, were involved in the final phase of review. […]

Can We Share Future Earnings After the Divorce?

{2:42 minutes to read} During a recent mediation, I was pleasantly surprised to find that the husband and wife were smiling and seemed totally at ease. The husband was a hedge fund manager, and being a risk taker, he had started several hedge funds, then gone bankrupt. Currently, he is operating a very successful hedge fund with a very promising future. His wife, who is a successful doctor, had supported him not only financially through a series of ups and downs, but emotionally. Fast-forward 20 years later, and they are now getting divorced. They’ve both experienced some lean years, but now things have turned around. He is making a lot of money, and the prospects for making even more money in the next few years are excellent, so the couple wanted to make an agreement that would address the husband’s future earnings. […]

We Are Looking for the Mediator with the Cheapest Hourly Rate

{2:24 minutes to read} When the police arrest you for having drugs that you insist aren’t yours, do you look [...]

I’m Going to Mediation To "Get Over" on My Spouse!

{2:54 minutes to read} Couples with many assets can present challenges above and beyond in a divorce settlement. I met [...]

Why Must I Read My Divorce Agreement?

{2:24 minutes to read} How often have I received a phone call from divorced spouses asking questions about their settlement [...]

Mediation Companies: Good for Business, or Bad for Mediation?

{2:54 to read} Recently, I was approached by two companies that call themselves nationwide mediation companies. They market themselves to [...]

Oh, No! I’ve Turned into My Parents!

[Time to Read: 2.9 mins] I'm sure you've heard or maybe even spoken the expression, "We've turned into our parents," [...]

Is Your Parenting Plan Effective?

As the years whirl on and I see more and more clients, I’m becoming acutely aware that mediation training needs [...]

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

Today, more often than not, the family home is not a couple’s greatest asset. Although it used to be, the [...]