Articles Posted in Mediation

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Attorney-with-clients-200x300Mediation has become a common option to resolve issues related to separation and divorce without the need for litigation. It is a preferred choice where individuals want to make their own informed choices rather than have a judge decide. An experienced neutral mediator can facilitate the sometimes-difficult conversations surrounding  financial disentanglement and parenting decisions and access moving forward.

Many people have heard of mediation as a means of dispute resolution, but when it comes to how the mediation process works, there are some myths and misconceptions. To help people understand how the mediation process works, I have compiled some common questions that people have when deciding on the process for their divorce. Continue Reading

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Custom-Stock-Photo-for-Blogs-300x200When starting the divorce process, understanding the difference between the available process choices can help create the healthiest environment for the process to proceed. In addition to a traditional adversarial courtroom process, mediation and collaborative divorce each provide a process that focuses less on confrontation and more on an optimal result for both parties. While both mediation and collaborative divorce are non-adversarial, they each have key differences that should be considered when choosing the right process for your divorce. Continue Reading

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Couples that select mediation are often looking for 3 things: 1) fairness, 2) to make their own decisions, and 3) a more economical way to reach resolution of their marital and family situation.  Continue Reading

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Custom-Stock-Photo-for-Blogs-300x200The answer is a resounding Yes!   There are many reasons why consulting attorneys help to create durable, practical agreements through the mediation process.

What follows is a summary of the positive effects of using consulting attorneys: Continue Reading

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When creating a parenting plan, the goal is for both parents to maintain a meaningful relationship with the children unless special circumstances exist.   How can parents develop a viable “50/50” parenting plan? What does equal parenting mean in a “50/50” case? Continue Reading

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The divorce process involves many aspects of the relationship from an emotional and financial standpoint.  The most contentious issues often center on the parties’ finances. Because addressing cash flow and the distribution of assets can create added stress during the divorce process, mediation is often considered as the best alternative to going to court.  In this process, both parties have an opportunity to obtain complete information on the family’s financial situation and make informed decisions about how to move forward.  This is especially important when there is an imbalance in the relationship caused by either a disparity in income or understanding about the finances. Regardless of the reason for the financial imbalance, mediation allows for both parties to have a fair process and equal opportunity for his/her questions and concerns to be heard and addressed while coming to an agreement.  Continue Reading

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Mediation is a process where a neutral professional facilitates the communication between two parties in order to help them reach a mutually acceptable resolution of a dispute. Mediation is used in many types of legal disputes, but can be especially valuable in the context of family law, more specifically divorce. Aside from the usefulness of the process itself, there are many benefits of mediation that are often overlooked.  Continue Reading

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Understanding assets, liabilities and cash flow helps to create a solid foundation for a good negotiation. When it comes to financial disclosures and information gathering in divorce, a neutral financial professional is often used in mediation and collaborative law because it can be beneficial for both parties.
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Blog -winter-snow-storm-2.14.2014.jpgA simple Internet search of “National Divorce Month” will result in a stack of articles discussing how lawyers encounter a heavy volume of calls right after the holidays, giving January the unfortunate moniker of ‘National Divorce Month.’ 2014 has been no different. Last month we once again saw divorce attorneys writing about how the phones began to ring off the hook once the holiday season officially ended. On the surface, it makes sense. Many couples choose to prolong beginning the divorce or separation process until after the already busy and stressful holidays are over. It can be especially difficult for couples with children, because parents are hesitant to interrupt the child’s holiday with news of a divorce. Many people tend to look at the New Year as a “fresh start” and a chance to begin again, so choosing to begin the divorce process in the New Year seems like the best alternative.

Is there ever really a “right” time to initiate a divorce or separation? Many articles written about January divorces point to the many reasons why people choose to begin the process at that time, and why it makes sense to wait until after the holidays. The most important thing, though, is for the spouses to evaluate their own marital life and family. Several of my blogs have made mention of the fact that every family is different and thus, every divorce is also different. This rings true no matter what the highest divorce month may be.

The decision to divorce or separate is an important one, to say the least. Every couple has considerations to keep in mind before deciding if divorce is the right path to take. In making an assessment of the marital life as well as family life, couples should make sure to have open and honest communication, and not rush the process. Some couples find it helpful to sit down with a couples’ counselor or mediator in order to really get everything on the table. A very important aspect of assessing the situation is to become educated on all of the options available. Taking an active role in decision-making is helpful in reaching decisions about what to do.
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basketball.jpgA solid contract is the cornerstone of a successful career for any professional athlete. A contract provides a sense of security, both personal and financial. Generally, an athlete will hire an agent to look out for his/her financial interests, ensuring that every deal or endorsement made is defined by a contract. Like many couples, however, when it comes to love and marriage, athletes are uncomfortable talking about money and shy away from planning for the future: good or bad. contract.jpg

It is often thought that a “prenup” is reserved for the wealthy: families like the Rockefellers, or other entrepreneurs with deep pockets who are finally deciding to take the marital plunge. While, a prenuptial agreement is essential for those already with assets, it is even more essential for those who are about to come into a great deal of wealth, or work in a field where financial security fluctuates significantly year-to-year. By definition, a professional athlete’s career can go from non-existent to superstar success overnight and return to non-existent the very next day. It is a phenomenal and harsh reality with highs and lows many people will never experience. It is not an average 9 to 5 job and can be disastrous for couples who are not thoroughly prepared for the ride before tying the knot.

It is important for professional athletes of all levels to consider the importance of a prenup. Much like a thriving business owner, a professional athlete has likely worked to perfect his or her skills over a lifetime, so it is important to protect the benefits and fruits of their labor. From their spouse’s perspective, it is also equally important that their contributions to the marriage are respected and that they have financial security if the marriage comes to an end.

Recently, news came out that the reality TV star, Khloe Kardashian and NBA player, Lamar Odom are headed for divorce. The couple does have a prenup which protects Odom’s estate, valued at more than $30 million. Sources say the agreement provides for Khloe to receive maintenance from Odom, as well as access to a joint account (funded by Odom) to pay all expenses. The agreement also outlines exactly how much Khloe would receive in monthly support in the event of a divorce. Though the terms of the prenuptial agreement have not been made entirely public, one can only assume that Khloe and Lamar have had well-advised input from their respective attorneys in coming to the terms of their prenuptial agreement. This type of planning enables both parties to reduce the level of stress associated with separation and divorce by providing certainty about the future. With a properly drafted prenup, Lamar and Khloe should find comfort that they have taken control over important financial decisions and minimized the fear of a third party deciding their fate.
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