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At times, mediation clients may seek the services of a mediator who is not practicing within their state. Or the couple may each reside in a separate state, and one of those states (or even a third state) is where they initially… Continue Reading →
It seems to be becoming more and more fashionable to have a prenuptial agreement. I get calls from people in their early 20s, with no assets, asking for one. Last week I got a call from a very excited young… Continue Reading →
Not every couple that enters the mediation process engages his/her own attorney to provide advice, review the process, and provide input on the final agreement. However, having separate counsel is recommended in all but the most simple situations. Lack of separate reviewing… Continue Reading →
My mediation practice during the past several years has taken a turn towards mediating prenuptial agreements. Here’s how it happened.
Your mediator can and should provide you with a list of recommended review attorneys. My list includes excellent attorneys who are very experienced in divorce law and prenuptial agreements, and who have a similar philosophy as mine in making prenups as generous as… Continue Reading →
Mediation is not one monolithic technique. Mediators and mediation theorists may categorize different types of mediation techniques into different theoretical boxes, such as “facilitative”, “evaluative” and “transformational”. But the categories all seem to bleed into each other.
Prenups and postnups are different. Prenups change the very template of marriage existing in the far future. Postnups change assumptions based on law made by married couples in ongoing marriages. Both these situations are rife with the possibility of overreaching, unfairness and coercion…. Continue Reading →
The marriages of people who marry for a second time experience stresses, particularly when there are children from a previous marriage. Most of these problems are predictable. They are generally solvable with patience, good will, and persistence.
In complex situation, having your review attorney engaged and having a discussion with him or her before the first mediation session can be very helpful. You’ll get this lawyer’s view on what your aims are (or should be) in the prenup, and… Continue Reading →
