Mediation versus Litigation

6 Factors to Consider When Considering a Divorce

As I have said before, I believe that couples who are seeking a legal separation or a divorce do not have a legal problem; rather, I believe they have a practical problem that has legal [...]

Preliminary Private Planning Sessions – Do They Work?

I just attended the Annual Conference of the New York State Council on Divorce Mediation (NYSCDM) where I heard the keynote speaker, Forrest (Woody) Mosten, discuss “47 Things” every mediator should know or do. One [...]

The “Best Possible Outcome Under the Circumstances”

When I meet with prospective clients for the first time, I almost always hear them say that all they want is a “fair” agreement. Nobody ever wants to take advantage of their spouse or achieve [...]

What’s Your BATNA? The Legal vs. the Emotional Divorce – Part 2

In divorce mediation, when someone examines his or her BATNA (Best Alternative to a Negotiated Agreement) they are looking at both the best and worst outcomes if their dispute were to be decided by a [...]

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