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Divorce Mediation

Are You Certain That Your Lawyer Is Not Impaired?

Mark Baer | Posted 06.14.2014 | Divorce
Mark Baer

I have written a number of articles about the negative impact that certain "types" of attorneys have made on our "system of justice." The first articl...

The Consequence of Unenforced Ethical Guidelines for Collaborative Divorce

Mark Baer | Posted 06.07.2014 | Divorce
Mark Baer

The Ethical Guidelines for Collaborative Divorce by Collaborative Divorce Institute provide in pertinent part as follows: "All Collaborative Divorce ...

Must Parties Confirm That They Are Open to Settlement For Mediation to Be Effective?

Mark Baer | Posted 06.02.2014 | Divorce
Mark Baer

I want to once again deconstruct aspects of Franklin Garfield's article titled "Should Divorcing Couples Who Mediate Be Talking Through Counsel?" because I find it an effective way of raising certain aspects of mediation, bringing about a discussion on those issues and educating people.

What Is "Collaborative Divorce" Without Collaboration?

Mark Baer | Posted 05.22.2014 | Divorce
Mark Baer

The concept of collaborative divorce resonates deeply with me. As I have written in the past, "Collaborative divorce truly does incorporate all of the...

Attention Men: How to Put an End to Your Alimony Obligation if Your Ex Is Living With Someone Else

Diane L. Danois, J.D. | Posted 05.03.2014 | Divorce
Diane L. Danois, J.D.

Paying spousal support is often considered the price many men must pay to extricate themselves from a bad marriage. It's cynically considered the cost of doing business.

'Happy Valentine's Day. I Want a Divorce.'

Michelle Crosby | Posted 04.07.2014 | Divorce
Michelle Crosby

There are no legal answers to emotional issues such as anger, betrayal, sadness and fear. No law has been written that magically determines who should get the kids when or who cares more about that crystal vase in your living room.

9 Things You Should Know About Using Geolocation Data In Your Termination of Alimony Case

Diane L. Danois, J.D. | Posted 04.03.2014 | Divorce
Diane L. Danois, J.D.

If your supported ex-spouse is cohabitating, he/she probably uses cloaking tactics that would make a good spy blush.

4 Questions To Ask When Going Through Divorce

Caroline Choi | Posted 02.03.2014 | Divorce
Caroline Choi

In a divorce there are a million concerns that are swirling around in your head as you embark on this daunting and overwhelming process. One of the ways to ease your concerns is to be educated about the divorce process.

5 Ways to Protect Children During Divorce

Deborah Anderson Bialis | Posted 01.25.2014 | Divorce
Deborah Anderson Bialis

Wondering what is best for your kids and navigating the optimal way to get them through the transition might feel like a constant struggle.

Is Alimony Offensive to Today's Modern Woman or Modern Man?

Diane L. Danois, J.D. | Posted 01.23.2014 | Divorce
Diane L. Danois, J.D.

Should the standard by which alimony is awarded be modified to more accurately reflect the new, modern gender-neutral couple? Are the current, antiquated guidelines and decisions being made in the courts offensive?

Important Distinctions Between Litigation and Mediation

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Throughout the conference, the panelists kept reiterating that what occurs in court is state specific, "locale specific," and jurist specific. In other words, results vary from judge to judge based upon the judge's biases, beliefs, assumptions and values. I think this should really scare anyone and everyone.

Mediator as Truthsayer

Laurie Israel | Posted 01.23.2014 | Divorce
Laurie Israel

The most important factor in mediation success and not allowing the mediator's "truth" derail the process is that the mediator has respect for both clients. This respect should be evident and actual -- demonstrated by words, listening, comments, and structure -- or else the moment of "truth" might be too dangerous.

8 Ways To Prepare For Your First Mediation Session

Michelle Rozen | Posted 01.23.2014 | Divorce
Michelle Rozen

So, you have scheduled your first mediation session and from what I hear from my clients, I am sure you must be nervous. How will it go? How will the other party behave? What will they say or do? How to prepare and what to expect?

Parties' Positions and the Mediation Process

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Evaluating the "strengths and weaknesses of the parties' positions" is often more perception than reality.

Using Mediation to Keep Your Cool During Divorce and Beyond

Silvana D. Raso | Posted 10.27.2013 | Divorce
Silvana D. Raso

While most people believe a finalized divorce means no more negotiations, there will always be unforeseen circumstances that arise after the divorce. As children develop, new issues need to be dealt with.

When the Law Is Involved, Do Notions Of Fairness Matter?

Mark Baer | Posted 09.28.2013 | Divorce
Mark Baer

When attorneys, mediators and others are involved in the process, their concepts of fairness may well differ from those of one or both of the parties and from those of the other professionals involved.

Divorce and the Grieving Process

Mark Baer | Posted 09.07.2013 | Divorce
Mark Baer

Conflict is reduced by appropriately addressing the grief and loss from the very beginning. Doesn't it therefore make sense that lawyers involved in the field of family law should have a better understanding of grief and loss?

Is Mediation About Reaching the Same Result in a More Efficient and Economical Manner?

Mark Baer | Posted 08.31.2013 | Divorce
Mark Baer

My last article on mediation, titled "Should Divorcing Couples Who Mediate Be Talking Through Counsel?," was the first of a series of articles on medi...

10 Things Co-Parents Need to Know About Parenting Coordination

Diane L. Danois, J.D. | Posted 08.25.2013 | Divorce
Diane L. Danois, J.D.

Next to the divorce itself, co-parenting is the single cause high-conflict divorcees use most to perpetuate litigious behaviors, resulting in unnecessary stress on the children, exorbitant legal fees, and a burden on an already over-extended court system.

Should Lawyers Be Required to Take Continuing Education Courses on Human Mental Processes?

Mark Baer | Posted 08.18.2013 | Divorce
Mark Baer

On May 23, 2012, I gave a presentation to the members of the San Gabriel Valley Chapter of the Financial Planning Association. The topic was "Are Atto...

Divorce Court; Really in the Best Interest of the Child?

Debbie Burgin | Posted 08.17.2013 | Divorce
Debbie Burgin

Women with custody of minor children typically get screwed financially in divorce, while men typically get hosed when it comes to custody issues. It's that simple. The children don't win.

Helping Children of Divorce Celebrate Father's Day

Diane L. Danois, J.D. | Posted 08.12.2013 | Divorce
Diane L. Danois, J.D.

As a mediator, I am astounded by the number of stories I've heard relating to ignored birthdays, forgotten holidays and missed Mother's and Father's Days by children of divorced parents. Parents: Put aside your feelings for just one moment, and focus on your children.

Is the Adversary Model Appropriate or Suitable for Family Law Matters?

Mark Baer | Posted 08.09.2013 | Divorce
Mark Baer

Divorce doesn't impact children, especially if they are adults, does it? When families are "ripped apart by divorce," it has no consequences, right? ...

The Law Is a Baseline and Nothing More

Mark Baer | Posted 08.10.2013 | Divorce
Mark Baer

Consider the impact of a family systems and service based approach, meaning that there are value-added inputs being offered to the families, rather than merely a brokering of deals.

Divorcing? Move Out of Denial and Into Reality

Karen Stewart | Posted 08.07.2013 | Divorce
Karen Stewart

Facing the truth is much easier than staying in denial, but we do get trapped into thinking otherwise. When facing the end of a marriage we can find ourselves trying desperately to hang on to every little bit of hope -- that perhaps this is just a passing phase and our marriage will be fine.