How We Will Work Together
Divorce mediation was born in the belief that disputes between spouses, even disputes concerning their divorce, did not necessarily belong within the adversarial system of the law, and that whatever might be its benefits in other areas, when it came to the resolution of marital disputes, those benefits were simply too far outweighed by the time, cost, and emotional injury that were inevitably its price. It was also born in the belief that many divorcing couples would like, and should be afforded, some other alternative.
In our first meeting, I will explain to you my work and answer any questions you may have at that time. At the end of our initial meeting, I will ask you to provide me with the necessary biographical historical background of your family. Finally, I will provide you with a list of the financial information you will require in connection with your mediation, as well as our ‘Agreement to Mediate.’
If you decide to avail yourselves of my services, we will schedule our second meeting. During our second meeting, we will begin by signing our ‘Agreement to Mediate,’ which sets forth the goals of the mediation and the procedures that will be employed. I will discuss with you the range of issues with which you will be dealing during the course of your mediation and will begin to address some of them. At the same time, we will refer to the information that I have provided for you. This material has been prepared for you and will be yours to keep and to use during the course of your mediation.
At the conclusion of our second meeting, we will schedule further appointments. These appointments are usually one week apart to give you an adequate opportunity to digest and review what has taken place at the previous meeting. During subsequent meetings, we will continue to work together and I will guide you through the unresolved issues existing between you and help the two of you bring them to a resolution.
My Role as your Divorce Mediator
My primary function is to help the two of you to work out an Agreement between yourselves, and to mediate the differences between you that may be standing in the way of that Agreement. As a clinically trained Social Worker, I understand the complex emotional issues that couples face when contemplating the closure of their marriage. As a Matrimonial Attorney licensed to practice in New York, I stand ready to guide both of you through the necessary steps that are required to obtain your Final Judgment of Divorce.
Once a tentative Agreement has been reached on all issues, and provided that both of you would have me do so, I will draft a formal, written Agreement. You will each then have the Agreement reviewed by independent counsel before its final execution.
Once an Agreement has been reached and executed, and provided that both of you would have me do so, I will prepare the necessary papers to permit you to obtain a divorce. Bear in mind that you must agree as to who will be appearing as the plaintiff in the action, and who will be appearing as the defendant. The grounds for divorce will likely be “No-Fault” under New York Domestic Relations Law 170(7).
One of my goals as your Divorce Mediator is to reduce the expense which separating and divorcing couples typically face in litigation. I am committed to providing you with an Agreement of the highest quality, but at a cost that is affordable. In keeping with that goal, your fee for each 90-minute mediation session is $750.00. Every divorce is unique and therefore, the number of sessions required will depend on the complexity of your particular situation. Once you and your spouse reach agreement on all legal issues, you may then hire me to draft your formal Legal Settlement Agreement and to prepare and file all of the paperwork that is necessary in order for the court to grant your final Judgment of Divorce. My fee for this additional legal service is $8,500.00 and includes all court filing fees.