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Clare Piro - January 4, 2012
Even though mediation is a process in which the parties themselves make an agreement that works best for them and their family, I have yet to meet clients who are not interested in or choose not to be informed as to what the law provides. As a mediator, I think it is important for clients to know what the law provides and what might happen if a court were to determine the outcome of their divorce because I feel it is impossible for them to waive a right without knowing what that right may be. [...] Read More >
Clare Piro - July 6, 2011
As a mediator, I do not insist that my clients use review or consulting attorneys as a matter of course. I feel that the self-determination of the clients in mediation is paramount and that this extends to the decision of whether or not he or she retains an attorney. However, I do recommend that clients seek the advice of an attorney at the very least before signing a Separation Agreement because I think that it is important for clients to get the kind of legal advice that a mediator [...] Read More >
Clare Piro - May 16, 2011
With the drastic cuts in funding to the Courts in New York State, what had been a long, expensive and painful process in divorce litigation is likely to be even longer, more expensive and more painful with the budget cuts. These cuts will result in lesser hours for the Courts so the resources will stretched even further, likely with less Court personnel as well. Now, more than ever, the progress of a divorce will not be within your control should you decide to go to Court. It [...] Read More >
Clare Piro - February 23, 2011
How many of us have been sitting at a family dinner and realize that we are have discussions with everyone at the table except for our parents or other elder people? Or, have you ever taken your parent to a doctor, lawyer or other professional and realize that you have completely taken over the conversation, speaking for, and even over, your parent, often as if the elder person is not even present? Mediation takes the exact opposite approach and emphasizes that the client is the elde [...] Read More >
Clare Piro - February 15, 2011
You may be aware that New York State adopted a statute in October regarding the calculation of temporary maintenance at the same time that the State enacted the no-fault ground for divorce. The statute provides a formula for calculating an award of temporary maintenance in the event that a litigant in a divorce action brings a motion seeking an award of support during the pendency of the action (temporary maintenance). So, what does this mean in mediation?That is up for debate in the media [...] Read More >
Clare Piro - January 7, 2011
It is very difficult in New York State to be successful in a Court action to set aside an agreement for the reason that if it was easy to change separation agreements, people would not spend the time and the money to enter into them. This would then result in more litigation, which is not what the Courts want. Among factors that a Court will consider is whether or not an agreement is unconscionable or if one of the parties was unduly influenced. The standards are the same [...] Read More >
Clare Piro - October 20, 2010
Some people are afraid that if they do not hire a lawyer, they will not receive everything to which they are entitled or that they will end up with an unfair agreement. That need not be a concern. In addition to using an attorney to review your agreement at the end of the mediation, parties in mediation may see an attorney both before and during mediation, and in some cases it is beneficial for a party to come to mediation with an attorney. In my mediations, I always tell my clients [...] Read More >
Clare Piro - September 16, 2010
If that were true, there would be no need to mediate. Of course people who disagree can mediate, just like people who are angry can mediate and people who don’t really like each other can mediate. All they have to do is agree to mediate, not agree upon every issue between them. Mediators do not expect their clients to talk quietly and never raise their voices, and a mediator truly has to feel comfortable being in the middle of people expressing anger and frustration, often times loudly. Th [...] Read More >
Clare Piro - August 16, 2010 If you and your spouse have decided that you need to separate, it would seem that the last thing you would want to do is to engage in a process that would be costly, inefficient and likely to increase the rancor between you. Yet, that is sadly what most couples unknowingly do if they believe that they have no option other than to litigate their divorce. Mediation is a more sane option that is likely to resolve the couple’s conflicts with an emphasis on reaching an agreement that works for [...] Read More > |
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