Mediating Prenups

One of the most important choices you will make in the process of getting a prenup is whether you will start the process with mediation in order to help you and your future spouse define the terms of the prenuptial agreement together with the help of a neutral facilitator.

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The Problem with Prenups, Part III: The Dangerous Sport of Extreme Prenups

Some time ago I was researching the divorce and inheritance laws of a particular state when I ran across an article entitled “Getting Ready for Marriage,” which dealt with premarital contracts and asset-protection planning.

Questions to Ask a Mediator

A good question to ask a mediator on the telephone as a screening question might be how that mediator would address a particular issue. Give the mediator one that is likely to come up in your mediation. Such as, “I want to… Continue Reading →

5 Realities About Prenuptial Agreements — Why Having One May Be a Bad Choice for Your Marriage

Recently many articles have been appearing on the internet extolling the virtues of entering into a prenuptial or premarital agreement prior to your marriage.

At times, mediation clients may seek the services of a mediator who is not practicing within their state. Or the couple may each reside in a separate state, and one of those states (or even a third state) is where they initially… Continue Reading →

The Art of the Prenup — Use Sparingly

It seems to be becoming more and more fashionable to have a prenuptial agreement. I get calls from people in their early 20s, with no assets, asking for one. Last week I got a call from a very excited young… Continue Reading →

Choosing mediation reviewing attorneys

Not every couple that enters the mediation process engages his/her own attorney to provide advice, review the process, and provide input on the final agreement. However, having separate counsel is recommended in all but the most simple situations. Lack of separate reviewing… Continue Reading →

Is Mediating Prenups a Form of Marital Mediation?

My mediation practice during the past several years has taken a turn towards mediating prenuptial agreements. Here’s how it happened. 

Your mediator can and should provide you with a list of recommended review attorneys. My list includes excellent attorneys who are very experienced in divorce law and prenuptial agreements, and who have a similar philosophy as mine in making prenups as generous as… Continue Reading →

Mediator as Truthsayer

Mediation is not one monolithic technique.  Mediators and mediation theorists may categorize different types of mediation techniques into different theoretical boxes, such as “facilitative”, “evaluative” and “transformational”.  But the categories all seem to bleed into each other.

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