Category: Blog

What’s a BATNA and why do I need one?

Hands Holding Negotiation Multicoloured Word ConceptThe “Best Alternative To a Negotiated Agreement” a.k.a. BATNA.

Why do you need one? If you are preparing to negotiate and you don’t know your alternatives you are more likely to agree to something you could regret.

Here’s a common example. You decide it’s time to replace your car, start looking at cars, and a salesperson approaches you. Her interest is to make a sale today for the most money possible. If you haven’t researched your options, you’re likely to spend too much money and make a choice you later regret.

So, how do you determine your BATNA?

First, brainstorm as many options as you can–don’t limit yourself. If you are negotiating support, alternatives to getting or paying the full formula include sharing additional costs like cell phones for the kids, paying a smaller or larger amount of educational costs, having your spouse pay fully or paying fully for health insurance for the children,  decreasing monthly costs like cable television, increasing income from other source, etc.

Next, narrow your options to those you would actually consider. It’s always better to have more than one BATNA if possible. It encourages you to negotiate assertively and get your needs met.

Then, gather quality information about the options you’ve selected. The more you know, the more confident and empowered you will feel to make good choices. Seek advice, read and research. Good information makes it less likely you will be persuaded to make a poor choice.

I say quality because opinions are just that–personal beliefs. I’m amazed how many times mediation clients say, “well my best friend told me…” as if it were fact. If their best friend is an attorney giving advice on the law, I might give it some weight, but if Fred simply had a bitter divorce, he’s not an expert.

Finally, give some consideration to your range and your bottom line. We all make trade-offs in negotiation and in life. I might be willing to pay a little more if I can get heated seats in my new car. But I also know if the price goes above a certain point or the dealer tries to talk me into a financing option I am not comfortable with, I need to walk away.

And above all, don’t forget to take the other person’s perspective into consideration. You’re more likely to succeed in a negotiation if both parties interests are fulfilled.

If you need help negotiating with someone else, a mediator can help by offering a structured process that surfaces the interests and needs of both parties.

HOW DO YOU BLEND A FAMILY?

Domestic prtnr homespgAdd two adults, a gaggle of children, a couple of pets, a new house, financial changes, STRESS and a whole lot of work….and blend!

A blended family is a family consisting of a couple and their children from their current relationship and all previous relationships. To blend a family successfully, you must add cooperation and respect to the recipe above, along with lots of patience and time for transition. Studies say, it takes 3-5 YEARS for adults and children to transition into their “new” family. There are so many emotions and values, new relationships and dynamics as well as house rules that have to be re-negotiated. And if there are teenagers involved…..

Blending a family is not an easy thing; in fact, I have found it to be one of the hardest things I have ever done. I have been remarried for over three years. I have three biological children and now have three step-children, a new husband, a new house and……a step-bird! We have had to maneuver house rules, chores, differing values, holidays and traditions as well as who gets dibs on the remote and BIG television…

The Brady Bunch, that infamous TV family from the 1970’s, was not your typical or realistic blended family. A remarriage does not automatically make a new family. When couples remarry or move in together, it is a decision those two people are making. We must not forget the impact that it has on our children. The children did not choose to have a step-parent or be family with new step-siblings, they are along for the ride based on the decisions their parents have made. Managing our emotions and helping our kids in the transition is critical in making this new family viable and lasting.

Recent statistics say that over 1,300 new (step) families form every day and a majority of families in the US are blended in some fashion. The Census Bureau reported that more than 60% of families in this country will be blended in one fashion or the other. So, we need to get this right and learn to make the blended family work and work well.

What do blended families look like? They look like me, your friends, neighbors and maybe even yourself. If you are not in a blended family, it is most likely you know someone who is. These families may be traditional remarriages, marriages of same sex couples, cohabitations or domestic partnerships. Families come in all shapes and sizes today. It is important to acknowledge all of them as part of the “new normal” and recognize the struggles that come with blending.

Embrace who you are and the unique family unit to which you belong and be accepting of your family, friends, co-workers and neighbors who may be doing it differently.

If you are having trouble blending your family, seek out a professional to help you with the challenges. Family Mediation could be the answer to help you and your new family move forward in a positive way. Call us at 585-244-2444 or send an email to: [email protected]

 

 

Should you end your marriage?

Cracked egg, broken marriageNo ethical divorce mediator (or attorney) would ever push you to end your marriage or partnership without making sure that one or both of you are completely certain that you are no longer willing to stay in the relationship.

Many couples come to our consultation at different places about ending the relationship. If one person has decided to end the relationship, it is likely that they have been considering it for a while and have had time to come to terms with it. It can be very hard for the spouse who hasn’t made the same decision to psychologically process their spouse or partner’s decision in the amount of time they have before there is a move by their spouse/partner to initiate a separation or divorce.

While it would be wrong to give false hope to your spouse/partner if there is no hope that you will continue to stay in the relationship, if there is a willingness to explore that possibility, there can be many benefits to both of you. The intent of going to counseling at this point would be to see if there is still an opportunity to work on saving the marriage/relationship. This will give each person a chance to get clear about what your needs and goals are for this point in your lives, which may not be the same ones you had at the start of the marriage.

Both partners can benefit from this exploration. It will help each person clarify what they want from their marriage and it will help you decide if those needs can be met by your partner. The process may make it clear to both of you that you can’t give each other what you are looking for, or you may discover that there is room within the marriage/relationship for that to happen. Even if counseling isn’t going to save the marriage, both of you will be clear that it is ending and be aware of why it is ending. The process will offer the partner who doesn’t want to end the marriage more time to get used to the idea, and it will also provide closure to the partner who is ending it, knowing that everything was done to try to make the marriage work.

Even if the relationship will end, through the process of working with the counselor you may have regained some understanding and respect for each other, which will be helpful in being able to work together in mediation to create a fair and equitable divorce agreement that will be in the best interest of you and your children. It will also be a great starting place for you to re-define your future relationship in a more positive way, which is especially important for co-parenting children.

Should you end your marriage? Not until you are completely sure. If you would like referrals for marriage/relationship counselors, please call our office at 585-244-2444.

Barbara Kimbrough                                                                                                                                              Mediator

Do It Yourself Divorce

DIY - Do It Yourself Colorful Blocks

DO IT YOURSELF DIVORCE-  You’ve seen it online when you search for information about divorce, it’s even on some court websites.  DIY may work for your basic home improvement projects, but when it comes to separating from your spouse or partner it is not likely to be the best choice or even the least expensive choice.  There are so many factors and interests to balance as you make decisions about what will be in your best interest and your children’s best interest that it is difficult get it right without some assistance from a professional. Decisions you make regarding Child Support, Spousal Support, Property Division, and Parenting will affect you and your children for years.

How often have your attempted that home improvement project and realized you were in over your head and had to get the plumber, electrician, or contractor in to fix it?  You end up spending more money than if you had called the professional in the first place.  If you try to handle your own separation or divorce the outcome can impact your ability to pay your bills, keep a roof over your head, pay for your kid’s college and even your ability to maintain a relationship with your children.  You will spend thousands of dollars trying to undo your mistake.

If you are trying to keep your expenses down for your divorce or separation call a Professional Divorce Mediator.  A mediator will assist you with communicating with your spouse and negotiating a reasonable lasting agreement that will meet your needs now and in the future without having to go to court.  You can make your own decisions with the information and knowledge shared by the mediator so you get it right the first time.  As an attorney I have seen many DIY divorces be rejected by the court.  The parties are then have to figure out how to fix their mistakes.  They often have to get an attorney to repair the divorce papers, which can cost more than getting it right the first time with a mediated agreement and attorney assisted uncontested divorce filing.  You can find more information on mediation at www.mediationctr.com;   or at my website www.jmersereaulaw.com.

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Can we mediate?

Why mediate homepg #406B779It is a common question I have heard over the years. One or both people in the couple shares a concern about their partner’s unwillingness to talk outside of sessions, the guilt they may be feeling about deciding to leave the relationship, their or their spouse’s anger, the advice they’ve been getting from well-meaning family and friends. Is it really possible, they wonder, under these circumstances to mediate?

My answer is probably. Mediation is voluntary, so even if a couple begins mediating and one or both decide to stop, they have at least tried to sit together to resolve the issues that need to be decided. At worst, they will have gained clarity about what they want and their partner’s goals. Yet, in my experience, most couples who begin mediating are able to complete mediation.

Fears or concerns the couple had coming in are often managed as a part of the process. For example, not talking before a mediation session (or even between sessions) is often a result of fear. One of the parties may be concerned that if they discuss things directly, it will get out of control and conflict will erupt. Especially if there are children in the house, this person may just want to avoid potentially exposing the children to parental strife. Inside a session, the mediator can help facilitate conversations and manage emotion, allowing both partners to open up and feel safer talking through the issues that need to be explored.

I have seen so many families work through difficult times and reach agreements that move them forward toward healing. Mediation is not right for everyone. In instances of domestic violence, safety is always the first concern. If someone is concealing funds, you may need the intervention of the courts to freeze accounts or trace monies. Most people are simply trying to figure out what they need to do to become divorced with the least amount of damage possible and, for them, mediation is an excellent option.

Parenting Children in Separate Households

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There are a lot of adjustments for families with children to make after a separation or divorce. If you and your ex-spouse or partner have joint physical custody of your children, the kids will be moving between the two households, and it is in your children’s best interest for both parents to work together to make their transition from one to two homes as seamless as possible.

In many families, one of the parents played a primary role in caring for the children. The parent who spent less time in that function may need information from their ex-spouse or partner in order to ease the children into the split household routine. This may include information such as phone numbers and addresses or health insurance information for their doctor and dentist, medications taken, team schedules or notes on other activities the children are involved in. It may also be about little things, like who likes mustard and who likes mayo on their sandwiches.

This type of information can be shared through email if verbal communication is a source of conflict for you right now. There are also online sites that offer shared calendars where each of you can update events for the children, keeping the scheduling simple. Apps that provide the ability for ex-spouses or partners to communicate in other formats, as well as handle payments of reimbursement for out-of-pocket expenses or support are available as well.

For the parent taking on a larger parenting role than they played prior to the separation or divorce, expect a learning curve. You may have to make decisions that used to be made by your spouse about the children’s diets, bedtime hours, TV and video game activities, overnights at friends, parties, disciplinary issues, etc. You and your spouse may find that you have different parenting styles, or that one of your styles has changed. Be as supportive as possible of the rules established in each household, even if they differ. Supporting your spouse in their efforts to parent your children is important in maintaining stability in the children’s lives.

Recognize that this is a period of high anxiety for your children, especially for young children, who may not understand what is going on right now. Getting them settled into a consistent routine of sharing time with each of their parents, and feeling supported by each parent as they spend time with the other, will go a long way towards helping them get grounded. Even if you find yourself resenting your ex because you feel they are responsible for this upheaval in your life and the lives of your children, remember that one of the best ways to help the children adjust is to move forward in a positive way.

Family Matters: COMMUNICATION with your KIDS in 2015

kids pictureKids, both preteens and teens have all kinds of toys they use for communication these days; smart phones, iPods, iPads, tablets, laptops, etc…They are texting, snap chatting, using Instagram, and Tweeting. Communication is so different than when I was growing up in the 70’s.

If you are a parent like I am, you may be worried about how to talk to your kids when they are spending what seems like every minute on a device of some sort. Even when they are with their friends, the devices are out and there is little face to face communication.

Good communication with your child/children is imperative to good parenting and to helping your kids develop the communication skills they need for the future.

Communication is a three step process: Talking * Listening * Feedback

We all must master these three steps in order to make communication as productive and meaningful as possible. Being able to talk and articulate your needs, feelings and desires. Being able to listen and really hear another person and lastly providing feedback on what was said in the conversation. These three steps complete the communication process.

The abundance of screens is not limited to our kids; parents have to put down their devices as well to have conversations. Role modeling the behavior we ask from our children is an important part of their learning. Insist that devices be put away when you are speaking face to face with your child. Here are some other suggestions:

Plan family time with no devices – dinners, game nights, a hike. Find activities that interest the kids and require them to put the devices down. If you’re going to get some new games in, you could pop over here and see if there are any discounts to be had online – because we all love saving money! Whatever you end up doing, in my house I call this device-free time “mandatory family fun”.

Limit screen time – set limits on screen time. It’s okay to set limits, you are the parent. Too much screen time has the ability to wreak havoc with the health of your eyes, and the blue light that glares off the screens can disrupt sleeping patterns, as well as irritating your eyes. This could eventually lead to them having to wear blue light blocking glasses to help protect the eyes from such harshness. So setting a limit on your children’s screen time could be more important than you think. Kids thrive on structure and may secretly thank you for allowing them some “unplugged time”.

Keep devices out of bedtime – studies show that preteens and teens need time before bed to unwind and become “unstimulated”. The lights and movements on a screen can cause insomnia and kids who sleep with their phones are less likely to get the sleep they need.

This is no easy task, asking kids to put down the device that has become a third appendage, however, in time we will all benefit from the simple art of face-to-face communication.

Our kids need the art and skill of face to face communication, in 2015 and beyond. Good communication skills are needed for success in school, work and relationships. Teaching communication now is a lifelong skill.

Stress at the Holidays

The Holiday season brings family and friends together. Some of us make cookies, share meals and exchange gifts. It is a wonderful time of year full of festivities and cheer. It is also the time of year that our stress levels may rise. Family visits and the rush to the mall to fight parking and lines at the cash register can raise feelings of frustration and being overwhelmed. We are trying to manage work, home and daily life while at the same time adding holiday “to-do’s”.

The joyous celebration may feel more like one big headache. Here are some suggestions for feeling less stressed during the holiday season and make it more enjoyable for you and your loved ones:

  • Take time for yourself – whether it is going for a walk or sitting down with a book, remember to unplug and take some “me” time.
  • Slow down – pace yourself. You know this is a busy time of year, so start preparations earlier to help alleviate the last minute rush
  • Make a list – write things down to avoid forgetting. A list can give you a sense of calm and control. Check things off as you go, so you can see the progress you are making.
  • Ask for help – Don’t be afraid to ask for help when getting things accomplished. We all need help sometimes.
  • Limit what you say yes to – You don’t need to go to every party or cookie exchange. It is okay to say no to activities and say yes to taking care of your own needs. Put yourself first.

Hopefully following one or two of these suggestions will help you put more HAPPY into your Happy Holidays! Wishing you a wonderful and less stressful 2015!Calm Panic

What’s your financial IQ?

wad of moneyI can divide most of my divorce or separation mediation clients into two categories: the member of the couple who handles the finances, and the member of the couple who does not. In an overwhelming number of cases, my experience has been that one party is solely responsible for the finances, and the other party has little or no idea about the day-to-day or the long-term financial picture. Some people are just better with finances than others! If you’re someone who is lesser financially adept and allows their partner to handle both of your finances, you might benefit by researching into the likes of CreditAssociates or similar companies that could teach and show you how to manage your finances better.

While this is common, it may have implications that effect the mediation. The non-financially savvy spouse may be or become distrustful of the spouse who has handled the couple’s finances all those years. They may be unable to create an accurate budget for projecting their future living costs (which is a part of all settlement agreements), without help from their partner or the mediator. It can affect negotiations around support (Child Support and Spousal Support), either expecting too much or asking for too little. And when the non-financially savvy spouse gives up asset and retirement distributions or support that they really can’t afford to be without, this can be disastrous for them in the future.

Keep in mind that the division of your marital assets and liabilities, including retirement accounts and loan debt can rarely be changed in the future if you should regret the decisions you made in mediation. When mediating your divorce or separation, it is important for you to become familiar with your household expenses and with the assets and liabilities that are marital. You may be able to do this with your soon-to-be-ex spouse. If you find the financial information being presented to be too complex, ask questions! The mediator can usually explain it in a way that you can understand.

If that doesn’t work, or you and your spouse can’t work together, getting a financial advisor involved during the process can be in your best interest. Their job is to help you, and they have received the relevant training and experience to help with matters like this, so don’t feel like you have to battle these demons alone. Not only can they help you, but it also allows them to get business themselves, as even though they are popular in their field, they need to continuously market themselves. Luckily, places like LeadJig (https://www.leadjig.com/2020/04/23/financial-advisor-leads/) can help these advisors with their marketing, and in turn, they will make themselves known to you so you can receive the help that you’re looking for. It’s a win-win. Please remember to reach out for assistance if you need it, as it will take a huge weight off your shoulders. Thanks

A Marriage Myth: Marriage is Obsolete

Heart and handsIt may seem that marriage rates in America are down and more people are opting to live together rather than get married. But, things are not always as they appear.

People are delaying marriage longer than ever (average age at first marriage is now about 27 for women and 29 for men), so, it might seem that the institution is on the way out. But marriage is still important to young people and is now a real option for same sex couples as well.

The National Longitudinal Study of Adolescent Health found that 55 percent of women and 47 percent of men said marriage was a “very important” part of their life plans. Another 29 percent of women and 35 percent of men said it was “somewhat important.”

Only 12 percent of women and 13 percent of men ranked marriage as “not very important,” and a measly 5 percent of each gender said it wasn’t important at all. By 25, 33 percent of women and 29 percent of men had already gotten married; another 30 percent of women and 19 percent of men said they wished they were hitched.

Marriage has a certain wonderful romantic place in our society and in our hearts, especially for women. Girls dream of the flowing white dress with her beloved waiting for her at the end of the aisle. We think of churches with flowers and all of our family and friends, or a beautiful pristine beach with the blue water as a backdrop for your “I do’s”. Or maybe your dream is to be on top of a mountain or in the backyard of your childhood home.

Whatever the dream you have for your wedding, it includes all the romantic notions and lead up to the big day. Initially, there is the engagement and a beautiful ring from somewhere like https://gemaandco.com/collections/solitaire to sparkle every time it catches the light. Once the parties to celebrate are over, it’s time to get down to some serious planning. Just some of things you’re going to want to consider are: the bridal party and wardrobe, the wedding registry, finding the perfect dress from somewhere like Winnie Couture, arranging the venue and food, selecting the music and decorations and the guest list. And of course, tastings for finding the most delicious cake! Even if you elope and it is just the two of you there still remains a nostalgic romance for just the two of you.

Marriage and its definition has transformed through the years, however, marriage still plays a huge role in American culture and is an institution that remains strong as well as ever changing. We all have different values and ideas of what a marriage should be. We need to embrace changes and what works for all of us individually to make it our own.