Mediation and Legal Services
Prenuptial Mediation
Couples entering into marriage may find themselves seeking to protect assets and to prevent future protracted litigation. Whether a first time marriage or one later in life, prenuptial agreements offer an attractive way to secure earnings, inherited wealth and ensure the distribution of one’s estate. Likewise, the prenuptial agreement may provide the non-monied spouse a stable standard of living, should the parties divorce. Regardless of the motivation, these agreements often become a source of premarital stress, as couples are negotiating a financial contract while they would prefer to be immersed in the joys of wedding plans.
There are two ways we can help you:
The first is for you and your future spouse to participate in prenuptial mediation—to come together and negotiate directly, with our assistance as neutral mediators, the terms of your agreement. We will ensure that you both understand the financial impact of the choices you face. Prenuptial mediation provides an opportunity for you to communicate directly about each of your financial concerns, needs and expectations as you enter into marriage. The results of this process are meant to yield an agreement that you both feel reflects your sense of fairness. In our role as your mediators, we will also advise you as to the legal requirements, ensuring future enforceability of your agreement.
The second way we can assist you is to negotiate on your behalf, not as mediators, but as advocates. We will explain the role of the law and the financial implications of your decisions. We can also draft the prenuptial agreement for you, or review one drafted by your future spouse’s attorney. While providing you advice and counsel, we are sensitive to the dynamics of conducting a financial negotiation on the eve of marriage.
Family And Divorce Mediation
The Good Divorce
By choosing the mediation process and looking for “the good divorce,” you are taking control of the decisions you must make in order to obtain a divorce. Nevertheless, negotiating with an estranged spouse is often painful. As your neutral mediators, it is our job to guide you through the necessary decisions with respect to parenting and finances, all the while respecting your autonomy to make your own best choices. We strive along the way to give you the opportunity to be heard and understood, and to listen to and understand the other party, as well. This provides a foundation for compromise and choices that should make sense to both of you as you contemplate your new lives after the divorce.
For divorcing parents, mediation is a chance to design schedules and parenting roles and responsibilities that reflect your unique family. Additionally, as we help you to bring understanding to this aspect of the negotiations, you may preserve a measure of your relationship, or begin a new manner of communication as cooperative parents. Many couples who mediated their divorce report an improved ability to parent together for the benefit of their children, thereby avoiding the all too common dynamic of placing the children in the middle of adult conflict.
Non-Traditional Families
The understanding-based model of mediation applies equally to unmarried couples and same-sex couples who find themselves separating. We bring the same level of sensitivity and financial and parenting expertise to these negotiations.
Post Divorce Mediation
Often, the residue of protracted litigation continues to cause conflict, long after you are legally divorced. In addition, even after extended periods of calm, circumstances may change and conflict can arise anew. In both of these circumstances, families can mediate a range of issues such as: new child support amount, the sale of a house, revised parenting arrangements, introduction of step-families and relocation, among others. We will assist both of you in exploring your viewpoints as well as your options for settling any renewed conflicts.
Negotiated Settlements
While our practice is settlement based, rather than litigation oriented, we do provide negotiation services and collaborative divorce.