Mediation is gaining in popularity, so much so that there are a proliferation of people advertising that they do mediation. Some of them are attorneys, some of them are not. Many of them have had absolutely no training in mediation, yet will sit down with a couple and “mediate.” New York has no licensure for mediators, so it is difficult for the consumer to determine whether a person claiming to be a mediator is actually trained in the process or just trying to help facilitate a compromise. One can even get a mediation certificate online.
You’ve been working on your business hard and with great success. So hard in fact that you end up working most nights. Your spouse and kids tell you that they miss you and would like to spend more time with you. The next natural step would be to get some help, right?
Most couples get together based on attraction, discuss one or two main expectations or goals, fall in love and decide to get married. They then focus on wedding plans, thinking that if they can negotiate a large event between two families and come out unscathed by the wedding date that they will succeed in their marriage. So why do so many divorces occur?
My late mother used to say no one owes you an inheritance, but what did she mean? Wouldn’t most people expect to inherit from their parent? The answer is that a will reflects the testator’s wishes, not their heirs’ expectations.
Clients frequently need support during the divorce process. They are not satisfied with the way things are and want a change, but that change itself is scary. Sometimes I suggest that they obtain the help of a life coach. There are two reasons for this: First of all, life coaches charge significantly less per hour than an attorney (similar to that of a therapist), and second, they are specifically trained to help in that way. Click here to read Deborah E. Kaminetzky's full article...
Many clients ask why divorce agreements are so long and whether the exact wording really matters that much. The length is due to the fact that there are so many different issues that need to be covered. Issues such as Maintenance, Child Support, Custody & Parenting Time, and Equitable Distribution are just some of the areas that need to be covered in an agreement. I have seen some agreements that left out major issues, such as who is paying for college, which leaves both parties, not to mention the children, in a precarious position.
For those who would like to resolve their dispute (whether it be a divorce or other family matters) by agreeing to terms rather than having a judge decide what is best, mediation can be a speedier, less costly and less stressful experience than a traditional litigated matter. Traditionally the parties meet with a mediator and the mediator helps them come up with a plan. The mediator will put the plan in writing called a “Memorandum of Understanding.” Should the mediator also be an attorney, they may elect to draft a legal document instead usually called an “Agreement” or “Stipulation of Settlement.”
Choosing a Business Entity – Which One is Right for Your Business? Now that you have decided to launch a business, you need to decide which business entity is right for you. I’ll explain the differences between sole proprietorship, partnerships, corporations and limited partnerships. I cannot stress enough the importance of having a discussion with your CPA or tax adviser as to how each entity may affect you and taking that into consideration when making a decision.
Starting a new business is exciting! One of the most exciting pieces is deciding on location. I can not stress enough that you need a lease or a license. It might seem like a wonderful opportunity to rent a small space inside another business without a lease—after all, you have no obligation, so if the business doesn’t do well, you can just walk away. You, however, are not protected, and just like you have no obligation to your new landlord, they have no obligation to you. You could be asked to leave if they decide they need the space or someone else is willing to pay more. This can leave you in a precarious position.