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13 Signs That Your Marriage May Be in Trouble

There are times during a marriage when many of us wonder if we are ready to give up. We are so upset over something said or done that we think we cannot take it one more second. But days later, we calm down and reason with ourselves. We look at the positive aspects of our relationship. We look at our kids and think: ”How can we possibly do that to them?”  Read Jennifer's article to learn the signs that point to a troubled relationship.

Who Gets the Frozen Embryos in a Divorce?

As if couples don’t have enough to think about when dividing assets and deciding on custody, the concept of making decisions about reproductive technology is becoming more common. Read Deborah's blog for information on how to handle this issue.

Leveraging the Experts: Building on the Best

One of the many qualities I like about the members of the New York State Council on Divorce Mediation (NYSCDM) is that they make ongoing learning and education a career-long priority. Throughout the year, our members come together at various educational events including conferences, symposia, peer groups and webinars to learn new strategies and methods to help couples who are separating and divorcing.

Divorce mediators are specially trained, neutral third parties that help couples by using a voluntary settlement process that gives families the option to plan their futures rationally, and in an atmosphere of cooperation and mutual respect. Divorce mediators help couples can reach agreements that are custom-made and make the most sense for families.

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How Long Does Mediation Take?

When I first meet with my clients, they often ask me how long the divorce mediation process will take. My answer is: it depends. In reality, it depends on any number of different factors, such as:

  • How complex their issues are;
  • Whether they have children or not;
  • Whether they’re both “on the same page” as to the end of their relationship; and/or
  • Whether they’re waiting for certain events to occur (such as the sale of a home) before finalizing their arrangements.

The beauty of the mediation process is that the couple gets to decide how quickly or slowly they want to go. Read the rest of Susan's article to learn how the divorce mediation process is tailor-made to the specific needs of each couple.

How is Mediation Like a Jigsaw Puzzle or Launching a Ship

During my initial consultation, when I meet a couple for the first time, I think it’s important to put some context to the mediation process before they decide whether mediation is appropriate for them. So in addition to describing the process, distinguishing mediation from litigation and laying out the general topics and issues we will be working on together, I often offer two analogies to illustrate a way of thinking about how we will be accomplishing our goals. Read the rest of Ada's blog to learn how mediation is like a jigsaw puzzle or launching a ship.

Mediation for Couples Separated, but Never Married

More and more frequently, I am getting calls from couples who have decided to call it quits after living together for many years, but who never actually married. This trend has been happening in European countries for many years and now seems to be more prevalent in the US, though in a less outspoken way.

Mediation offers the best possible place for separating non-married couples, because it gives them a platform to explore separating their assets. Read the rest of Jennifer's article to learn more.

Leaving the House Before a Divorce Agreement Is Reached Can Be a Mistake

A spouse leaving the house is often one of the reasons couples wind up in court. Even if the two of you have talked about things and believe you have an agreement worked out with the bills and the children, it is not uncommon for misunderstandings to arise that lead to a court action being started.

Things often get tense between you and your spouse when you are getting a divorce. Because of this tension, it is tempting to want to remove yourself from the situation by leaving the house. By doing that, however, you are leaving yourself open to a lot of financial and emotional damage.
Read the rest of Dan's article to learn the reasons why you should stay in your house while you reach an agreement with your spouse or partner. 

Why Mediation Is a More “Holistic” Approach to Divorce Posted on

When I attend various networking events, or if I am meeting a person for the first time and sharing with them what I do for a living, I often speak about divorce mediation in terms of it being a more holistic approach to divorce.  We often hear the term holistic used in medicine. So what does this really mean when used to characterize a divorce process?

If you Google holistic, you will find the following definition: “characterized by the treatment of the whole person, taking into account mental and social factors, rather than just physical symptoms of the disease.”

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A Decision Based on Emotions Can Hurt Everyone!

I recently met with a couple who wanted to hear about my divorce mediation services. During the meeting Maria*, the wife, related how she had decided a year earlier that the marriage was over and had left the house. Her husband, Howard*, expressed that he was not in favor of a divorce and wanted Maria to return home. However, she was committed to ending the marriage and suggested that they mediate the terms of the divorce rather than hire separate attorneys and litigate the matter.

Read the rest of Dan's article to learn what happened next. (*Names have been changed.)

Divorce Mediation with High-net-worth Families: It Is Not Just About the Money

When I first started practicing divorce mediation 15 years ago, the public’s perception was that mediation was for people who did not have the means to hire separate attorneys to act on their behalf. Mediation, therefore, was primarily a way for them to save money on their divorce. Over the years, my practice has included an increasing number of very high-net-worth couples for whom saving money on attorney fees was actually not the primary reason for choosing mediation. They truly felt that the mediation process was the best approach for them.

Read the rest of Jennifer's article to learn why.

I’m Right — and You’re Wrong!

I just attended a monthly peer group meeting with my mediation colleagues. One of the subjects that came up and generated a lively discussion was the need we humans have “to be right,” which typically means that the other person must be wrong when he or she doesn’t agree with us. Of course, that’s what happens when we look at things purely from one vantage point – things are black or white, right or wrong; one person wins and the other loses. Period! And as you can guess, this approach does not help move dialogue along or generate viable options for people to live together (or apart, in the case of divorcing couples).

Read the rest of Susan's article to learn how to look at things from a different vantage point, which can be very helpful. 

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Don’t Litigate a Divorce Because Your Spouse Had an Affair!

I often work with couples where one of them has had an affair. When this is the case, it is common for the other spouse to feel hurt and angry. In addition, he/she often does not trust the spouse that had the affair. While the affair may have damaged the marriage beyond the point of repair, it is how the spouse that has been cheated on responds that determines how well the couple and their children get through the resulting divorce.

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A Painful Plea from a Child of Divorce

 

Many couples going through divorce have to make huge efforts to protect their children from their conflict. Unfortunately, once in awhile, the stress is so high that their emotions get the better part of them, and the child gets pulled into their drama. I worked with a family who unfortunately continued to have financial issues after their divorce. They shared with me a letter that their son sent to them from college, begging them to stop their bitter arguments against each other. As you will see, he was willing to sacrifice his education for a cheaper alternative, just to end their conflict.

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A Wife’s Fervent Plea for Mediation

Every once in awhile, a client will send me something that goes right to the heart of mediation. I’m working with a couple who have been back and forth with threats to stop and go the lawyer route – even though they both know it is not in their best interest to do so. After a rather torrid session, the wife wrote a letter to the husband, and she agreed to let me share it with you. Of course I changed their names and anything very personal to them. If this isn’t a plea for sanity, I don’t know what is.

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What are the 4 Elements of Divorce?


When most people are going through a divorce they don’t think about the various elements that come into play during this difficult process. They are often overwhelmed with emotions (anger, resentment and sadness, among them) that come up during this extremely difficult time of their lives. They often become stuck in the disputed details of their lives, and are unable to see the Big Picture of what is in play and thus understand the essential interaction between the 4 elements of divorce. Those elements are:

- The Legal Divorce
- The Financial Divorce
- The Children's Divorce
- The Emotional Divorce 



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Take The Divorce Mediation Quiz

Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Divorce Mediation Quiz for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.