Archive for December 2010
Mediation Outcome: Not a Reflection of Self-Worth
A provocative new law journal article deconstructs the psychodynamics of the mediation / negotiation process. Professional mediators certainly understand, if only instinctively, the primacy of ego, self-esteem, and self-identity in any mediation; but the piece articulates a framework and diagnostic that even experienced mediators may find useful. Essentially, the author, Elizabeth Bader, posits that there…
Read MoreTV Drama about a Mediator Debuts January 20 on USA Network
On January 20, the USA network debuts its newest drama, “Fairly Legal.” The show focuses on Kate, a reformed litigator who, disgusted with the practice of traditional law, becomes a mediator, or as the network press release puts it, the “ultimate anti-lawyer.” I’ll tune in for the premiere. I’m a little concerned, however, about the…
Read MoreMarriage: What's it Good For?
In an earlier post, I noted a recent poll that reflects changing American attitudes toward marriage and, in particular, reflects a marked increase in cohabitation. The other day I happened upon a Time magazine piece, “Marriage: What’s it Good For?”, which further detailed the poll. And since the ability to synthesize those results with a…
Read MoreUsing Cohabitation Agreements with Same-Sex Marriages
Two women married in Massachusetts and moved to Texas where they sought to divorce. The Texas court refused to divorce them because it did not recognize the validity of the Massachusetts marriage. Same-sex couples who marry here in Massachusetts may want to consider entering into a cohabitation agreement as well–especially if moving is a possibility.…
Read MoreThe Latest Great Equalizer
The New York Times article, “Taking Sides in a Divorce, Chasing Profit,” features a new kind of business practice, lawsuit investment. One such practice works solely with divorce cases. Balance Point Divorce Funding, founded by Stacy Napp in 2009, “furthers the concept of putting both spouses on an equal playing field” by lending on potentially…
Read MoreMassachusetts Mediator Laurie Israel, "Are You Really Ready for Divorce?"
Most Massachusetts mediators agree that married individuals should “beware that many attorneys will go into full-force fighting gear” when it comes to a clients divorce.
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