By Laurie Israel When trained as a mediator, the first thing I learned was that mediation is a client-driven process. The ideal is for the mediation clients themselves to figure out the terms that will resolve the disputed issues between… Continue Reading →
There have been many articles on The Huffington Post and elsewhere touting the benefits of prenuptial agreements, such as, “Why Engaged Couples Should Sign a Prenup.”
In the first part of this article, Prenups — Don’t Lawyer Up, Mediate! — Part I: “The Problem”, I discussed the dangers in doing prenups the usual way — lawyering up and making it like an adversarial business deal.
Recently many articles have been appearing on the internet extolling the virtues of entering into a prenuptial or premarital agreement prior to your marriage.
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 →
My mediation practice during the past several years has taken a turn towards mediating prenuptial agreements. Here’s how it happened.
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.
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.
Premarital discussion about finances and money is a good thing. But if the goal of that discussion is a formal, signed prenuptial agreement, the process is fraught with problems
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