Recent Blog Posts

Can Mediation Work When You’re Divorcing a Business Partner?

It’s not unusual for partners in a marriage to also be partners in a business. But if the marriage fails, do the business partners also have to divorce? And if they do, is mediation still a viable option for dissolving the marriage and the business partnership? First, let’s break down the issues. Just because two… Read More »

Is Mediation Appropriate for Divorce-Relocation Disputes?

One of the most contentious child custody conflicts involves a custodial parent who wants to move with the children to a distance far enough away to burden the noncustodial parent’s visitation rights. Custodial parents naturally look at the situation from their perspective: the move brings opportunities for a new job, a new relationship, or a… Read More »

In a New York Divorce, Who Gets Custody of the Couple’s Pets?

Throughout the country, pet custody disputes are increasingly being litigated during divorce actions. According to an article in the New York Times, a 2014 survey of the American Academy of Matrimonial Lawyers reported a 27 percent increase in pet-custody cases from the previous five years. So if you are concerned about how your divorce will… Read More »

D’Amato Divorce Shows How Ugly Child Custody Disputes Can Be

Former U.S. senator Al D’Amato is embroiled in a contentious child custody dispute with his wife of 14 years, Katuria Smith. D’Amato, 80, got an order for temporary custody of the couple’s two children, Alfonso, 9, and Luciana, 7, two days after Smith, 51, filed for divorce. According to a story in the New York… Read More »

Composer’s Post-Divorce Filings Raise Important Issues

The New York Post recently reported about ongoing post-divorce litigation between composer Peter Fish and his ex-wife, Diane Singer. Ms. Singer accuses Mr. Fish of jet-setting in Switzerland and Greece with a new girlfriend while failing to pay Ms. Singer alimony. She claims arrears of $180,000. Mr. Fish has responded by asking the court to… Read More »

Must a Divorce Mediator Have Children to Understand Child Custody Issues?

The mostly hotly disputed issue in most divorces is child custody. Even if you decide to mediate your divorce because you hope the process will be less adversarial, there is no escaping the parental instinct to fight for your children. And because this issue is so important to you, you naturally want the issue to… Read More »

If You Own a Business, Choose a Divorce Mediator Who Knows Business

Business ownership can be a major point of contention in a divorce, but that doesn’t mean you have to litigate your case if you have a family business. You can resolve issues of ownership, valuation, and future interest through mediation, as long as you choose a mediator who knows business. Whether you enter divorce mediation… Read More »

What’s the Most Important Quality for a Divorce Mediator? Experience!

There are many sayings about experience. It is “the best teacher” because “nothing ever becomes real ‘til it is experienced,” and because “by seeking and blundering, we learn.” Now, those are fine sentiments for encouraging a young attorney not to quit the profession after losing a tough case. But it’s cold comfort for the client… Read More »

Should I Choose a Divorce Lawyer to Be My Mediator?

Divorcing couples choose mediation for a number of reasons: to save money, avoid the risks inherent in a trial, and free themselves from the constraints of the court calendar. Many also choose mediation because it’s a more cooperative process than litigation or traditional negotiation. Finally, some folks choose mediation because they don’t like dealing with… Read More »

Is Mediation Enforceable if One Spouse Backs Out?

Imagine this scenario. You and your spouse agree to mediation as a way to save time and expense with your divorce. Over the course of a few weeks, you attend your sessions and work with the mediator to reach consensus on alimony, child custody, child support, and the division of your property. The mediator drafts… Read More »