Services

MEDIATION

Mediation is a voluntary, confidential process that allows participants an opportunity to resolve their disputes by communicating with each other, sharing information, considering the other's interest and perspectives, and making voluntary, informed decisions. Mediation often spares children the destructive trauma of litigation.  A Mediator is impartial, and does not determine who is right and who is wrong. The Mediator helps negotiate ground rules, define the problem(s), clarify relevant information, and identify the key issues that need to be resolved. A Mediator facilitates a full discussion of issues so that you, the participants, can arrive at solutions that work best for you. We work to create solutions that are mutually acceptable. Mediation can address legal and non-legal issues. We can prepare a document that incorporates the decisions reached. In mediation, you, not a court, determine, with the help of the Mediator, the optimal outcome. Mediation is non-binding until a final agreement is reached and you have had an opportunity to have it reviewed by an attorney. No agreement is binding until it is signed with all legal formalities.  

ARBITRATION

An Arbitration Agreement is signed by the parties who agree to submit their issues to an arbitrator whom they have selected, to hear and determine them in an arbitration proceeding, pursuant to the provisions of the NY CPLR Article 72, after which a Decision will be presented by the arbitrator. ..the awards and judgment will serve as a complete bar to all claims or demands by either party against the other. The arbitrator will be paid a fee as agreed to by the parties and will maintain time records available for perusal by the parties counsel. A stenographer may be employed to take and transcribe minutes of the proceeding and the arbitrator shall produce a written decision and award. In NY, CPLR Article 7 5 applies to marital disputes. (The Federal Arbitrator Act (FAA) ,IUSC et seq. applies to commercial arbitration.) An application to modify or vacate an arbitration award could may be made within 90 days after delivery of the Award pursuant to CPLR 75. The courts  have held that child custody and visitation are not subject to arbitration as the Court's role as "parens patriae" and concern for the best interest of the child" cannot be usurped. DRL. 240 Hirsh v. H1i:5c/J (2d Dept. 2004) 4AD3d451. Child Support is subject to arbitration but may be vacated on public policy grounds it fails to conform to the Child Support Standard Act (CSSA), and is not the "best interest of the child". Having chosen Arbitration, the parties have had the opportunity to "choose their own judge", and have limited the time and expense incurred in litigation.  

MEDIATION: MED-ARB: ARBIRATION & COLLOBRATIVE LAW: appeals 

A hybrid conflict process that seeks to blend the collaborative benefits of Mediation with the benefits of finality resulting from arbitration - essentially providing the best advantages of both worlds. Often in the course of Mediation several but not all issues are resolved and the remaining issues leave the parties, who have expended time, money and emotional commitment with no recourse other than costly lengthy litigation which often negatively impacts their children and exacerbates the hostility and resentment of the parties To avoid that unfortunate result, I have recommended that the parties submit their remaining unresolved issues to arbitration: they can then select any qualified arbitrator to conduct an arbitration proceeding which will result in a final and enforceable award. My personal experience with this process has been positive providing the least costly and most satisfying resolution of the parties' differences. 

Collaborative Law

Each person retains his or her own trained collaborative lawyer to advise and assist in negotiating an agreement on all issues. All negotiations take place in "four-way" settlement meetings that both spouses and both lawyers attend; the lawyers never negotiate terms of settlement except with both clients present and participating. The lawyers cannot go to court or even threaten to go to court. Settlement is the only agenda. If either spouse chooses to go to court, both collaborative lawyers must withdraw, and both partners must retain new lawyers for the litigation process. Each spouse has built-in legal advice and advocacy at all times during negotiations, and each lawyer's job includes guiding his or her own client toward constructive behavior aimed at reasonable resolutions. Ordinarily the process proceeds in predictable structured stages that move through information gathering and goal setting to brainstorming and resolution. The legal advice is an integral part of the process, and your lawyer is always at your side helping and advising you, but all the decisions are made by you and your partner. The lawyers prepare and process all papers required for the divorce. Most people who choose collaborative divorce reach a full settlement agreement resolving all issues. Collaborative lawyers are fully licensed like other divorce lawyers, and are bound by all ethical and other rules for the practice of law. In addition, some states have statutes defining collaborative law, and there are international standards for the practice of collaborative law.