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Publications


A Divorce Mediator’s “Divorce Don’ts” Guide (So You Can Do It Better): Divorce Don't #2
Don’t Get Married…To Your Divorce. Don’t devote all of your time, passion, and self to your past; or, you may end up effectively mortgaging your future.


A Divorce Mediator’s “Divorce Don’ts” Guide (So You Can Do It Better): Divorce Don't #1
Don’t Be a Rights Fighter. Don’t let your perception of what’s “right” and your “rights” overshadow and overtake your goals.


Online Mediation: The Good, The Bad and the Necessary
Mediation has become an increasingly important dispute resolution process for many families dealing with conflict (old and new).


This Court IS NOT in Session: How To Deal with Your Family Law Proceedings In the Wake of LA Court Closures
The Superior Court of the State of California for the County of Los Angeles has issued an emergency order that provides for the closing of all Los Angeles courts for judicial business, except for a specific and limited list of time-sensitive and essential functions. For family law proceedings, the limited exceptions include family temporary restraining orders, ex parte proceedings, contempt proceedings where custody is at issue, and Hague convention matters (international kid


Family Law Conflict in the Current Crisis
With the new and growing social distancing policies and protocols rolling out, our communities are facing increased uncertainty and anxieties. Family law disputants are already in crisis and the current pandemic and resulting protocols will be bringing new issues and novel disputes to the table. The social distancing protocols, travel restrictions, school closures, work-from-home policies, impacts to financial markets, and potential shut down (or avoidance) of an already-over


There are "No Take Backs" in Negotiation
When I was little, my family used to take long rides from the suburbs to the city on weekends. I remember the day my sister, Robyn, first introduced me to the Punch Buggy game - which was to become a favorite of hers for occupying time of long car rides (and subtly torture her little sister). "Punch Buggy Red No Punch Backs!" she would yell - upon spotting a little red VW Punch Buggy - while simultaneously jabbing me in the arm with brute force and punishment. After the init


What is Transformative Mediation and How Is It Connected to the New Ways for Families Method?
“When we are no longer able to change a situation, we are challenged to change ourselves.” - Viktor Frankl Mediation is a negotiation that is facilitated by a neutral third party, whose job is to help disputants find a mutually acceptable resolution to their problem. Transformative mediation is mediation’s Paleo diet. It’s a back-to-basics and root-source approach to mediation. Instead of seeking resolution (a settlement/agreement), transformative mediation seeks to chang


An Australian and a Canadian walk into a California Law Revision Commission Meeting… And Listen.
Confidentiality has long been touted as a cornerstone of mediation practice in California. However, that may soon change due to a proposal to amend the Evidence Code protections for mediation confidentiality (sections 1115 - 1128). Today we attended the California Law Revision Commission (“Commission”) meeting, which considered (among other agenda items) the proposal, which would carve out an exception to mediation confidentiality in cases of alleged attorney malpractice and


Everything You Really Need to Know About Divorce, You Learned in Kindergarten
In 1988, Robert Fulghum wrote a book entitled “All I Really Need to Know I Learned In Kindergarten.” The mother of a four year old, I am reminded of the lessons I learned in Kindergarten daily, as I bear witness to my daughter’s journey. As a family law attorney and mediator, I have come to realize that the costs of a divorce (financial, emotional, and otherwise) often depend entirely on the parties’ willingness to abide by a basic Kindergarten code of conduct. Inspired by Mr


Family Law Process Options - Everything Including the Kitchen Sink
“First we make our choices. Then our choices make us.” - Anne Frank When a couple makes the difficult decision to separate, they often seek professional guidance about the process. Their initial inquiries are driven by questions like: How do I get divorced?; What are my rights and obligations?; and, How long will this take? These are the right questions, no doubt. However, any answers will be wholly deficient, if they do not first address the crucial - but often forgotten


Discernment Counseling - A Refuge for Family Law Toe Dippers
A toe dipper is someone who is cautious to carry out an act. When it comes to relationships, we are all wise to dip a toe or two before jumping into the marital pool. Likewise, when circumstances permit in a marital relationship, care ought to be exercised before jumping out. Family law toe dippers often emerge by setting an initial consultation, returning several months or years later to start the process, or sometimes never returning at all. They come to attorneys and medi


What is Logotherapy and What Does It Have to Do With Family Conflict and Mediation?
Everything can be taken from a man but one thing: the last of the human freedoms—to choose one’s attitude in any given set of circumstances — Viktor Frankl, Man's Search for Meaning Logotherapy is a therapeutic doctrine developed by famed psychiatrist and Holocaust survivor Viktor Frankl. The term logo therapy comes from the Greek word “Logos”, which means “meaning”. Frankl believed that our primary motivation as humans is our search for meaning (in contrast to Freud's theory


Litigation vs. Mediation - “Child’s Play” for Understanding Your Options
Parents are more familiar with the mediation process than they may realize. In fact, parents often mediate disputes between their children - they just don’t know that is what they are doing. On the other hand, litigation - the default process in family proceedings - is more foreign in concept, as it relates to family dynamics. The following hypothetical is designed to illustrate the difference between litigation and mediation by applying both processes to a common parenting s


Mandatory Mediation: A Comparative Review of How Legislatures in California and Ontario are Mandating the Peacemaking Process In Their Adversarial Systems
This article is available on Mediate.com at the link below: http://www.mediate.com/articles/WinestoneJ4.cfm#_ftn8
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