I wish that we would have tried mediation in my divorce case, …It could not have hurt and it might have saved everybody a lot of grief, a lot of time, and for both me and my ex-wife, a lot of money.
—Mark Goldberg
In mediation, the mediator facilitates or helps you and your spouse have a difficult conversation. (If this were an easy conversation, you wouldn't need the mediator.) During this conversation, you and your spouse are supposed to resolve all of the issues so that a divorce judgment can be granted. These issues are the division of assets and debts or equitable distribution, spousal support, custody and visitation, child support and legal fees.
You can also mediate limited topics such as support or custody, mediate ongoing issues after a settlement agreement has been reached and mediate concerns even if you have no intention of ever going to court. Its not uncommon for unwed parents to co-parent their child without any court orders. If they run into a parenting dispute they cannot resolve themselves, its possible to resolve the concerns in mediation and keep this family out of court.
Mediation only works if both parties are willing to participate in the conversation, share information, negotiate and actually make the decisions. Believe or it not, many people come to the mediation table and won't commit. These cases typically end up being litigated in court.
In-office mediation sessions typically take 90 minutes to two hours. If you are mediating virtually, sessions can be shorter.
At the Law Offices of Bonnie Mohr Jan, PLLC, you have the option of mediating solely with Bonnie Jan or mediating with Bonnie Jan and Michele Munoz - a lawyer/therapist team. If Bonnie is not your mediator, Bonnie can also assist you with the mediation process as a consultation attorney or a review attorney. You meet with a consultation attorney in between mediation sessions. You meet with a review attorney after you have a term sheet or a separation agreement. This is discussed in more detail below.
Mediation is typically less-expensive that litigation as the parties share the mediator's fees, the parties are willing to work together to reach a resolution - hence less conflict, and the parties are not forced to take adversarial positions. When working with the Firm, upon request, the Firm will advise you of the legal parameters for your situation or what a judge might rule, commons pitfalls than can be avoided and commons resolutions to similar situations. Some individuals do not want to know the legal parameters because they do not want the law influencing his or her resolutions. Other individuals like to know the law. When asked, the Firm does disclose the legal parameters even if requested by only one side since a review attorney will provide the same information at a later date. If a party's position is going to be influenced by the law, its better to have this information going into the conversation.
Even though the Firm will provide legal parameters, either party may meet with a consultation attorney during the process. A consultation attorney will provide an in-depth analysis of your divorce action. The consultation attorneys can also give you some guidance on negotiation pointers.
Once the parties have reached a resolution on all of their issues, the mediator typically prepares a term sheet of the agreed upon terms. The parties should then take the term sheet to his or her review attorney to review these terms or carefully review the terms on their own. Assuming the term sheet accurately reflects the parties agreement, the Firm then prepares the separation agreement. The parties are then advised to again consult with his or her review attorney. The term sheet is typically a handful of pages. The separation agreement is a minimum of twenty pages without children. You can avoid the preparation of the term sheet, but its not advised. You can also avoid the review of the separation agreement. Just realize that the separation is a binding contract. Once you sign a separation agreement, it is difficult to change the terms of the separation agreement.
Once the separation agreement has been signed, the Firm will still need to prepare the divorce package. Thankfully, if you have a signed separation agreement, the divorce package is paperwork. The good news - you won't need to go to court. The Firm can file your separation agreement and your divorce package for you and will ultimately let you know when the judgment has been granted.
You can also mediate limited topics such as support or custody, mediate ongoing issues after a settlement agreement has been reached and mediate concerns even if you have no intention of ever going to court. Its not uncommon for unwed parents to co-parent their child without any court orders. If they run into a parenting dispute they cannot resolve themselves, its possible to resolve the concerns in mediation and keep this family out of court.
Mediation only works if both parties are willing to participate in the conversation, share information, negotiate and actually make the decisions. Believe or it not, many people come to the mediation table and won't commit. These cases typically end up being litigated in court.
In-office mediation sessions typically take 90 minutes to two hours. If you are mediating virtually, sessions can be shorter.
At the Law Offices of Bonnie Mohr Jan, PLLC, you have the option of mediating solely with Bonnie Jan or mediating with Bonnie Jan and Michele Munoz - a lawyer/therapist team. If Bonnie is not your mediator, Bonnie can also assist you with the mediation process as a consultation attorney or a review attorney. You meet with a consultation attorney in between mediation sessions. You meet with a review attorney after you have a term sheet or a separation agreement. This is discussed in more detail below.
Mediation is typically less-expensive that litigation as the parties share the mediator's fees, the parties are willing to work together to reach a resolution - hence less conflict, and the parties are not forced to take adversarial positions. When working with the Firm, upon request, the Firm will advise you of the legal parameters for your situation or what a judge might rule, commons pitfalls than can be avoided and commons resolutions to similar situations. Some individuals do not want to know the legal parameters because they do not want the law influencing his or her resolutions. Other individuals like to know the law. When asked, the Firm does disclose the legal parameters even if requested by only one side since a review attorney will provide the same information at a later date. If a party's position is going to be influenced by the law, its better to have this information going into the conversation.
Even though the Firm will provide legal parameters, either party may meet with a consultation attorney during the process. A consultation attorney will provide an in-depth analysis of your divorce action. The consultation attorneys can also give you some guidance on negotiation pointers.
Once the parties have reached a resolution on all of their issues, the mediator typically prepares a term sheet of the agreed upon terms. The parties should then take the term sheet to his or her review attorney to review these terms or carefully review the terms on their own. Assuming the term sheet accurately reflects the parties agreement, the Firm then prepares the separation agreement. The parties are then advised to again consult with his or her review attorney. The term sheet is typically a handful of pages. The separation agreement is a minimum of twenty pages without children. You can avoid the preparation of the term sheet, but its not advised. You can also avoid the review of the separation agreement. Just realize that the separation is a binding contract. Once you sign a separation agreement, it is difficult to change the terms of the separation agreement.
Once the separation agreement has been signed, the Firm will still need to prepare the divorce package. Thankfully, if you have a signed separation agreement, the divorce package is paperwork. The good news - you won't need to go to court. The Firm can file your separation agreement and your divorce package for you and will ultimately let you know when the judgment has been granted.
We serve the following localities: Manhattan, Bronx, Brooklyn, Queens
*Will take cases in other counties by special arrangement
Disclaimer: Thank you for visiting our website. Pursuant to New York’s Rules of Professional Conduct, this website is ATTORNEY ADVERTISING. While we hope you find the website useful, you do not create an attorney-client relationship by visiting this website, downloading any of the materials on this website or contacting this Firm.
Do not rely on the information provided instead of consulting with an attorney. Each case is fact specific. It is important for you to consult with an attorney for your individual case.
*Will take cases in other counties by special arrangement
Disclaimer: Thank you for visiting our website. Pursuant to New York’s Rules of Professional Conduct, this website is ATTORNEY ADVERTISING. While we hope you find the website useful, you do not create an attorney-client relationship by visiting this website, downloading any of the materials on this website or contacting this Firm.
Do not rely on the information provided instead of consulting with an attorney. Each case is fact specific. It is important for you to consult with an attorney for your individual case.
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