I’m so excited! This week I learned about a whole new way to use mediation – to help families make decisions together when an elderly parent can no longer take care of herself, or drive, or live alone. Or when the siblings are trying to decide what to do with the summer house, or how to divide up the stuff Dad left … The training was taught by Arline Kardasis and Blair Tripp from Elder Decisions/Agreement Resources in Massachusetts. They … read more »
We are all made of Sound
Mediating a few weeks ago, a client said, “We are all made of sound.” She meant that we are all influenced by others, shaped by others. What a poetic way of putting it. I have commented before on the “ghosts in the room,” in mediation – the parents, girlfriends, best friends, etc. who influence our thinking. These people, who are not actually sitting around the table, can have a deep effect on mediation. How do we address their thoughts … read more »
Secrecy in Collaborative Law
Two people, a man and a woman, came to me separately in the past week to explore the possibility of doing collaborative law. Both were people in short term marriages with no kids. The real estate wasn’t really the issue. And so it seemed that their situations were relatively simple, and that the collaborative process would be relatively simple. But scratching the surface made me see nuances that would not make the case appropriate. The man asked … read more »
Where are We?
President-elect Obama. Was the election really only 9 days ago? Doesn’t it seem as though the whole world has changed since then? It’s as though we have a whole new outlook, a new range of possibilities that didn’t exist before. You knew the moment was coming, but didn’t realize how profound a shift it would be until it really got here. How could it be? Many of my friends are strangely quiet, introspective, trying to get used to this new … read more »
Obama (the Mediator) for President
“The change we need isn’t just about new programs and policies. It’s about a new politics – a politics that calls upon our better angels instead of encouraging our worst instincts; one that reminds us of the obligations we have to ourselves and one another.” — Barack Obama, Canton, Ohio, October 27, 2008. Mediation calls upon our “better angels.” And in mediation we learn to see a problem through another person’s eyes. In the family mediation that I practice, we … read more »
Bankrupt?
Is bankruptcy a possibility for you? For your ex? Are you worried about how it will affect the financial terms of your divorce or separation? Bankruptcy cannot discharge court-ordered obligations of child support, alimony or equitable distribution. That means that even if you declare bankruptcy, you must pay support to your family. It also means that if there is any money that will be divided among creditors, the family comes first. But what if you are not legally married? … read more »
Are You Being Heard?
A visitor to Jerusalem goes to the Wailing Wall. He sees a rabbi there, praying. He asks the rabbi what he is praying for. “Peace in the middle east,” the rabbi says. “How long have you been praying?” our visitor asks. “Every day for 25 years!” “And how is it going? Do you think we are making progress?” our friend asks. “It’s like talking to a wall!” The rabbi exclaims. I’ve noticed that one of the most powerful aspects … read more »
Learn from the Dogs!
New York City parks have many wonderful places for dogs to play during off-leash hours. Dogs create their own social relationships (as do their owners!), creating a complex subculture. My golden retriever and I frequent a huge, hilly open meadow a in Prospect Park called “the Nethermead.” It’s a wonderful part in the center of the park where no buildings are visible, and it is quite easy to forget you are in the middle of one of the largest cities … read more »
Different Time Zones
I’ve been doing a few mediations lately where the timing of the partners is way out of sync. It often happens in divorce that one person can’t wait and the other is dragging his/her feet. So what do you do? Well, as my friend Rachel Green says, “A train can only go as fast as its slowest wheel.” Mediation is a voluntary process. and it must be done in tandem, so the rabbit has no choice but wait for the … read more »
A New Mindset!
“We are living in a society in which victims are compensated with money.” – Rod Wells Rod is one of my colleagues on the Board of Directors of the Family and Divorce Mediation Council of Greater New York, and he is also a Financial neutral in mediation and collaborative cases. He stated this at a meeting of the NYS Council on Divorce Mediation a few weeks ago. If we come to a separation with that mentality, we must show how … read more »