International Patent Litigation and Mediation
As many of you may know, mediation is not used as often as it should be to resolve international patent litigation. But is this also the case within the industry?
The Muddy Time
Some of us call it the muddy time. It’s the time in between the decision to divorce and when the actual divorce is made final.
How to Manage In-Laws Post Divorce
When I got married, I found that one of the strangest transitions wasn’t to being newlyweds or calling him my husband but was more related to my new in-laws. I think that often in-laws, especially mothers-in-law, have gotten a bad rap in popular culture.
Helping Kids Adjust to Life When Parents Go Through Divorce
If you are going through a divorce, one of the most significant concerns you may have is the effect it has on your children.
For Family Cases Involving Reports of Intimate Partner Violence, Shuttle and Videoconference Mediation Are Safe, Effective and Preferred by Parents
In a randomized controlled trial of family cases involving parents reporting high levels of intimate partner violence (IPV), parents felt safer in and were more satisfied with shuttle and videoconference mediation than litigation.
How Do We Tell our Friends We’re Getting a Divorce?
Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?”
Using Mediation to Develop a Prenup that Satisfies Both Parties
My last mediation of 2020 was for a prenuptial agreement, and to me it was kind of a sign of hope for the year to come.
Keeping the Marital Home in Divorce and Pitfalls for the Unwary
In most marriages there is a marital home/the kids' childhood home and it’s often the largest asset--and the largest source of conflict.
A First-Hand Experience with My Premarital Agreement
One of the questions I used to get asked most often by my clients was whether I was married, and until recently, the answer to that had always been no, which then often their follow-up question was, are you ever going to get married?
Five Principles to Maximize Chances of Success in Mediation
As a current mediator who has for years also been litigation counsel representing clients in mediation, I have noticed that there may sometimes be a disconnect between what mediators and litigators each expect from mediation and from each other.
Unmarried Parents and Children
It is said and proven that when a child is born to unmarried parents, the child would most likely remain and be cared for by the mother.
The Vanishing Jury Trial and Other Important Lessons for Mediators
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
Cyclical Nature of Interpersonal Conflict
When talking about domestic violence, you often hear about the cycle of abuse.
Make Yourself Aware About Divorce Mediation
You might be thinking that you don’t need to make yourself aware about anything divorce related because it’s not going to happen to you.
Divorce Noise
It’s so normal for us to ask questions and want information from those who have already been through this overwhelming time in our lives.
The End Game
Deciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference.
What a Financial Affidavit Won’t Do
I was recently reminded of the difference in the depth of information and subsequently the analysis that I perform when I do my financial analysis versus what information is provided by clients when they are asked to fill out a Financial Affidavit.
Can You Be a Litigator and a Mediator?
“You know what, Ken? A bad idea would be to let your client walk out of here today and drag this thing out for another year, wasting more time and more money," ~ The Wedding Crashers
Married Mediators: Marilyn McKnight and Steve Erickson
An interview with Marilyn McKnight and Stephen Erickson about the origins of family mediation, their different conflict styles, and the future of conflict resolution. Recorded and shared as part of the Mediation 2020 Conference.
Being Emotionally Ready for Divorce Mediation
A question I often ask clients when they come to me for a consultation for divorce mediation, “Are you each emotionally ready to mediate your divorce”?
Married Mediators: Joan Goldsmith and Ken Cloke
An interview with Joan Goldsmith and Ken Cloke about mediation, being married to a mediator, and the future of mediation. Recorded and shared as part of the Mediation 20/20 Conference.
Fault Lines/Property Lines in Conflict
Understanding fault lines and property lines can help us resolve conflicts.
Do You Have to be a Lawyer to Draft a Separation Agreement?
Do you have to be an attorney to be a divorce mediator? The short answer is no. The long answer is important to unpack though.
Mediation as a Business Accelerator
This article discusses how mediation can help business, an inspiring example from The Middle East.