Mediation
The better choice
What is Mediation?
Mediation is a voluntary, confidential, and cost-efficient process that aims to meet the goals and interests of both clients. It provides a more emotionally stable environment for constructive dialogue, which leads to a higher likelihood of reaching a mutually beneficial outcome. Mediation is based on the simple principle that an agreement reached by the two individuals involved in a dispute, rather than one imposed by a court system or lawyers, is likely to be more satisfying and sustainable.
As your mediator, I collaborate and explore creative and holistic solutions with both of you. I am particularly interested in helping couples look forward toward positive solutions, rather of staying entrenched in past patterns of individual positions and grievances. This allows couples to open up and finally clearly state what is important to each of them, and to hear and absorb what is important to the other. By communicating in this open way, the couple can find solutions to issues that once seemed insurmountable. As a mediator, it is so satisfying to watch this process play out.
How It Works
During each mediation process, I work as a neutral facilitator to help guide you through whatever issues you might be facing in your separation or divorce. While each case is different, most cases include at least one or more of the following issues:
Equitable distribution: How will you divide your assets and debts/liabilities?
Legal custody of your children: How will all major decision regarding the children be made?
Physical custody of your children or parenting time: How will the children spend time with each of you?
Child support: How will the children be supported financially?
Spousal Maintenance: Will one of you have to provide other with alimony?
Resolving any other family conflict
Throughout the process, I will support you with care, efficiency, and thorough guidance in every aspect of your decision making. I will aid you in making agreement by gathering information (including financial information), brainstorming, exploring all options, and highlighting issues. I will support you and will help you to assert your needs and interests along to way. It is my job to make sure your voice is heard throughout the entire process. But the most important thing to remember is: you control the outcome, not me. This is the beauty of mediation. The power is in your hands.
Each mediation session lasts about one hour to one 1/2 hours. Most divorce mediations involving children and assets can be resolved in roughly five to six sessions, depending on the level of conflict between the clients. Less complicated situations, especially those cases in which there are no children, may take only three to four sessions to resolve.
We can meet in person or by ZOOM, whichever feels more comfortable and convenient for you. I will facilitate the discussion during the sessions, and make sure that all options are explored, until an agreement is reached. I will ensure the agreement is one that is fair and honors the needs and interests of both clients, as well as the children. Once an agreement is reached on all issues, I will memorialize your agreement into what is called a Memorandum of Understanding (“MOU”), which can then be used to draft your separation or settlement agreement.
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WHY MEDIATION IS THE BETTER CHOICE
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Cheaper than Litigation
Divorce is expensive. Mediation is a streamlined process where I help you avoid the financial strain of hiring two separate attorneys to spend your money fighting every issue in litigation. I will equip you with the support and tools you need to make the most of your time and budget. For example, we will work with outside experts together if needed, such as financial/ forensic experts, tax experts, and child therapists. This framework provides extreme cost savings, as opposed to that of divorce litigation where each of you would hire your own experts.
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More Harmonious and Better for Children
Mediation is less combative than litigation and a courtroom battle. Couples who choose mediation typically learn how to communicate better with each other throughout the process. Mediation fosters cooperation between the couple. Because you work with each other to come to an agreement, this leads to better co-parenting relationships, which in turn reduces the stress on the children. Simply put, mediation keeps the children out of the drama.
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More Flexible
The timeline is more flexible. There are no court dates, no meetings with other attorneys. You decide when and where to meet.
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Fast
Mediations can often be completed in six sessions; while a litigated divorce can take years.
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You Are in Charge
One of the most critical aspects of mediation is that you control the process. It is an empowering approach that leads to a greater sense of ownership and gratification. The mediator is there to facilitate the dialogue and help the clients find their voices. But mediation only works if you bring you needs and interests to be table and participate in the crafting of your own solution. Mediation is based on the principle that the couple knows how to resolve their family issues better than a court or lawyer.
Let’s connect.
Reach out today for a 30-minute free consultation.
Maresca Law & Mediation, PLLC
800 Westchester Avenue, Suite N-641
Rye Brook, New York 10573