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 More

When a Saudi man sent a text message to his wife announcing his separation, the wife was “overjoyed.”  Since it is difficult to get a divorce in Saudi Arabia, the wife seized the moment and wasted no time in filing for divorce, using the text message to support her claim.  The husband, having second thoughts,…

Read More

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 More

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 More

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 More

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 More