Property Division/Martin Rosenfeld, JD

Posted on October 29, 2014

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An article appeared recently at mediate.com entitled “Dividing Stuff”, by Dr. Lynne Halem. It contains some good tips on how to properly divide property in a divorce settlement. In my own experience, however, I have found that most couples can divide property without too much effort. I can get them into the spirit of negotiation by simply telling them that I believe they can reach an agreement on their own. They do not need my efforts, is my message to them. It works because I am empowering my clients. If I tell them they are likely to find a solution on their own, they have a confidence that there is no mystique to this process. They can simply do it.

Tell a child they cannot do something and you may very well create a self-fulfilling prophecy. Tell them they can succeed at what they want if they make the effort, you are likely to get a very different result. The child is the parent of man. As a mediator, we need to spend more time telling the couple what they can do then we spend telling them what they cannot do.

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