As family mediators, we are often regaled with stories of high conflict divorce cases. “They never could have mediated” is a common refrain we hear from well-meaning friends who share details of protracted divorce litigations and custody battles, each replete with extensive collateral damage, such as a retirement account liquidated to fund a litigation.
In our last column, we discussed several strategies for addressing impasse in mediation: examining the conflict dynamic; using silence to allow parties time to consider the issues; exploring the parties’ motivation to mediate; shifting to a different topic, enabling time for further reflection; considering the smaller components of each issue; obtaining and analyzing more information; and having separate conversations with the parties.
By: Abby Tolchinsky and Ellie Wertheim April 13, 2016
As of Jan. 25, 2016, divorcing parties may rely on new provisions in the Domestic Relations Law pertaining to post-divorce spousal support.1 For years, attorneys and judges have grappled with creating a standard of fairness upon which parties may rely that provides sufficient flexibility so that cases may be tailored to each family’s unique budgetary needs.