August 5, 2014

10 Tips for a Successful Mediation – If your company is headed to a mediation, you’re in good company. A recent study of more than 350 Fortune 1000 companies showed that nearly all of them have used mediation in the last three years to resolve a dispute. Compared to other dispute resolution mechanisms, mediation can be attractive for any number of reasons, not the least of which is that you are the master of your own fate and you have the opportunity to resolve matters early on—privately and without the extended costs and risks of litigation.

How Do I Know if I Should Get a Divorce? – Choosing to divorce is a decision not to be taken lightly. It’s a life-changing choice that will affect you for many years to come — especially if you have children. While there’s no easy answer to the question,”How do I know if I should get a divorce?” there are certain things to consider that may help you determine the future of your relationship and whether divorce is the right option for you.

Bubble-Era Loans Still Represent Two-Thirds of U.S.Foreclosure Inventory – Now new foreclosure activity — foreclosure starts — have dropped to a more than eight-year low, according to RealtyTrac’s June 2014 U.S. Foreclosure Market Report. They are in effect back to normal levels they were at before the housing bubble burst in late 2006.

August 1, 2014

The psychology of mediation – In selecting a mediator, and in considering how the mediation will proceed, Tom needs to think about how the parties will be heard so that they feel their input counts. Picking the right mediator to foster this environment is critical.

Filing bankruptcy? How to protect loved ones who cosign loans – Bankruptcy filings can be tricky, especially if your finances are intertwined with those of others. It’s often wise to consult a bankruptcy lawyer before making any such move.

Top 10 Real Estate Investor Mistakes – For those of us who have been investing for years, and learned many hard and expensive lessons, here are issues you should think through, understand, and consider before jumping into the real estate investing arena.

July 28, 2014

Educated Women No Longer at Increased Risk of Divorce – Women who are more educated than their husbands used to have a higher chance of divorce, but a new study found that this trend stopped in the 1990s.

Divorce isn’t just about the money grab – Divorce is often portrayed as an all-out money grab, a blood-and-guts battle in which the spouse who captures the largest piece of the pie wins the game. But is that the best possible endgame? Is the money winner always the winner in life going forward? For retirees and pre-retirees, there may be other factors more important than money.

The Foreclosure Fade, and What it Means for the Housing Market – The U.S. housing market appears to be finding its footing after a sharp rise in mortgage rates last summer, on top of some big price gains, deflated sales.

Show, Don’t Tell: The Nuances of Action in Elder Care Mediation

Image courtesy of ambro at Freedigitalphotos.net

Image courtesy of ambro at Freedigitalphotos.net

Deborah B. Gentry’s article about resolving sibling conflict in elder parent care cites a study that found “nearly 40 percent of adult children providing parent care reported serious conflict with a sibling, usually related to lack of sufficient help fromthat sibling.”

These results shouldn’t come as a surprise. As mediators, we’ve seen the frequency with which disputes over elder care occur, and recognize that the numbers will likely only go up as families increasingly change to smaller, more widespread units.  Those changes mean fewer resources and even less free time. Add to that the financial and emotional weight of caring for an aging parent or relative, and you have a common situation that makes it easy for siblings to feel overburdened, bitter and even litigious toward their less helpful siblings. Those bitter feelings combined with a court battle create the perfect storm, and many American families are left reeling at the destruction afterwards while attempting to pick up the pieces. This, more than any other reason, is why elder care mediation is so necessary.

The truth of the matter is that as our society changes and the basic structure of a traditional family evolves (or devolves, one could argue), family circumstances that involve elder care disputes will only continue to rise. Preserving those precious family relationships—relationships that, in many cases, are already strained—is becoming more than just a mediation practice. It’s becoming a community service. So in light of the social implications, both now and in the future, how do elder care mediators do the best job at repairing broken family bonds?

The answer is simple and anyone who has parented a child knows the wisdom of it: demonstrate what you want them to learn. If a particular client needs a lesson in respect, show them what respect is. Demonstrate the concept of “respect” through your actions within the meetings, and keep in mind that the tone you set for the mediation sessions will be the one that is reflected back by the other participants.

If collaboration is the goal, demonstrate what that means. In asking the participants to collaborate equally in reaching a resolution during the mediation process, you are demonstrating what they should be doing after the sessions are over. Actions always speak louder than words.

July 23, 2014

Perspective And Preparedness For Divorcing Women – Fortunately, divorce no longer carries as heavy a stigma –and that’s mostly because it’s so much more common than it used to be. With so many people having been divorced, who’s left to do the stigmatizing?

United States: Recent Employee Benefit Developments – July 2014 – Plan sponsors need to review retirement plan documents and operations to determine whether changes are needed in response to last year’s Supreme Court decision in U.S. v. Windsor and subsequent IRS guidance. Under most circumstances, any needed plan amendments should be adopted no later than December 31, 2014.

What is eminent domain? – Eminent domain, the government’s power to take private property for public use, is rooted in the Fifth Amendment, which mandates that the government pay just compensation in exchange for the land. Typically, municipalities have invoked that power for public projects like schools and roads.