One of the many qualities I like about the members of the New York State Council on Divorce Mediation (NYSCDM) is that they make ongoing learning and education a career-long priority. Throughout the year, our members come together at various educational events including conferences, symposia, peer groups and webinars to learn new strategies and methods to help couples who are separating and divorcing.

Divorce mediators are specially trained, neutral third parties that help couples by using a voluntary settlement process that gives families the option to plan their futures rationally, and in an atmosphere of cooperation and mutual respect. Divorce mediators help couples can reach agreements that are custom-made and make the most sense for families.

When I first meet with my clients, they often ask me how long the divorce mediation process will take. My answer is: it depends. In reality, it depends on any number of different factors, such as:

• How complex their issues are;
• Whether they have children or not;
• Whether they’re both “on the same page” as to the end of their relationship; and/or
• Whether they’re waiting for certain events to occur (such as the sale of a home) before finalizing their arrangements.

The beauty of the mediation process is that the couple gets to decide how quickly or slowly they want to go. Read the rest of Susan's article to learn how the divorce mediation process is tailor-made to the specific needs of each couple.

A spouse leaving the house is often one of the reasons couples wind up in court. Even if the two of you have talked about things and believe you have an agreement worked out with the bills and the children, it is not uncommon for misunderstandings to arise that lead to a court action being started.

As we get older we’re supposed to get wiser. In fact, I would rank increased wisdom at the very top of the benefits of aging. So why do so many people enter their second or even third marriages ignoring what they know? The statistics prove these marriages are more likely to end in divorce than first marriages.

If you’ve been divorced before, you know what you don’t want from a future divorce: You don’t want the process to take forever and be expensive. You don’t want to have little control over the process. You don’t want to end up hating your ex-spouse. A thoughtfully negotiated prenuptial agreement can help you avoid all of this by making it clear what financial expectations each spouse has during the marriage and what the outcome will be if the marriage ends.

The process of ending a marriage can bring up a range of feelings, including anger, frustration and even grief. One emotion that often catches us by surprise is guilt, and it’s the most unproductive and insidious of them all. In addition to all of the regrets regarding the marriage itself, many of us feel remorse for the divorce’s impact on the children. 

Although guilt is a perfectly normal reaction to ending a marriage, it’s one that many can get stuck on, and there’s frankly nowhere to go with it. Mistakes were made on both sides, but focusing on the past will only impede your ability to move on. What’s needed is a shift in perspective.

Among all of the parenting issues in divorce, one that always emerges is the question of relocation. It’s hard enough living in two houses. The notion of living a significant distance from each other causes most parents worry and anxiety. 

Read BJ Mann's article to learn more about important considerations when relocating with children after divorce including distance, travel time, schools, parenting plans and how to manage when then non-moving parent does not agree to the move. 

At a recent traffic light, I pulled up next to a man whose car had the intriguing license plates “ICY WIFE”. Now as a divorce mediator, my first thought was “Wow, here’s a guy who wants to, in a very public way, carry a chip on his shoulder for as long as those plates stay on his car”. My second thought was that, by continuing to broadcast his opinion of his ex-spouse as “ICY WIFE” via these license plates, he might be having a hard time moving on with his life.

Read the rest of Trish's article to learn the importance of getting passed the pain and anger in order to feel better.  

When I attend various networking events, or if I am meeting a person for the first time and sharing with them what I do for a living, I often speak about divorce mediation in terms of it being a more holistic approach to divorce.  We often hear the term holistic used in medicine. So what does this really mean when used to characterize a divorce process?

If you Google holistic, you will find the following definition: “characterized by the treatment of the whole person, taking into account mental and social factors, rather than just physical symptoms of the disease.”

The divorce process is an emotional time. Tensions surrounding a parenting plan may mount even when both parents prioritize the needs of the children.  Responsiveness, stability, and practicality are significant factors in developing a parenting plan. As parents begin to develop a parenting plan, the need for flexibility is also very important in creating options that consider the child first. 

The parenting agreement, in many ways, establishes the foundation for the children and their parents in moving forward with the new family structure. An effective parenting plan maximizes the child’s emotional security.  It also needs to work well for the child and the parents and grow with the child.

I recently met with a couple who wanted to hear about my divorce mediation services. During the meeting Maria*, the wife, related how she had decided a year earlier that the marriage was over and had left the house. Her husband, Howard*, expressed that he was not in favor of a divorce and wanted Maria to return home. However, she was committed to ending the marriage and suggested that they mediate the terms of the divorce rather than hire separate attorneys and litigate the matter.

Read the rest of Dan's article to learn what happened next. (*Names have been changed.)

When I first started practicing divorce mediation 15 years ago, the public’s perception was that mediation was for people who did not have the means to hire separate attorneys to act on their behalf. Mediation, therefore, was primarily a way for them to save money on their divorce. Over the years, my practice has included an increasing number of very high-net-worth couples for whom saving money on attorney fees was actually not the primary reason for choosing mediation. They truly felt that the mediation process was the best approach for them.

Read the rest of Jennifer's article to learn why.

I just attended a monthly peer group meeting with my mediation colleagues. One of the subjects that came up and generated a lively discussion was the need we humans have “to be right,” which typically means that the other person must be wrong when he or she doesn’t agree with us. Of course, that’s what happens when we look at things purely from one vantage point – things are black or white, right or wrong; one person wins and the other loses. Period! And as you can guess, this approach does not help move dialogue along or generate viable options for people to live together (or apart, in the case of divorcing couples).

Read the rest of Susan's article to learn how to look at things from a different vantage point, which can be very helpful. 

I often work with couples where one of them has had an affair. When this is the case, it is common for the other spouse to feel hurt and angry. In addition, he/she often does not trust the spouse that had the affair. While the affair may have damaged the marriage beyond the point of repair, it is how the spouse that has been cheated on responds that determines how well the couple and their children get through the resulting divorce.

Every once in awhile, a client will send me something that goes right to the heart of mediation. I’m working with a couple who have been back and forth with threats to stop and go the lawyer route – even though they both know it is not in their best interest to do so. After a rather torrid session, the wife wrote a letter to the husband, and she agreed to let me share it with you. Of course I changed their names and anything very personal to them. If this isn’t a plea for sanity, I don’t know what is.

Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Divorce Mediation Quiz for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.