What is mediation?
Mediation is a means of resolving disputes outside of the judicial system by voluntary participation in negotiations structured by agreement of the parties. Mediation is typically conducted under the guidance and supervision of a trained intermediary, a neutral facilitator who assists the parties in coming to a reconciliation, settlement or compromise. In a mediated divorce or other termination of a family unit, the mediator assists the parties in conflict to resolve all issues arising out of the dissolution of that unit.
Why mediate?
Parties choose to mediate for several reasons, including:
Time. Mediation can be done quickly or slowly, depending on the parties. In a litigated divorce, the parties are at the mercy of the court system and have little control over how long the process will take.
Cost. Litigation is expensive. Mediations often cost a fraction of a standard litigated divorce.
Conflict. Litigation is, by definition, an adversarial proceeding. Mediation is, by definition, a collaborative one. Choosing a collaborative path towards the resolution of a marriage or dissolution of a family unit can reduce the stress and acrimony already present during this difficult time for the parties and for their children, if any.
What services can I provide as your mediator?
As your mediator, I will act as your neutral navigator, alerting you to all issues that need to be addressed for your agreement to be approved by a judge. I will use my mediation training to help you speak and listen to each other in a different way, opening a path of communication instead of getting bogged down in old arguments. I will not provide solutions, but will help you to find your own.
As a psychotherapist, I will be attuned to your feelings and let them guide us in our mutual goal of reaching satisfying and thoughtful agreements.
As an attorney, I will provide information during our mediation regarding the law pertinent to your case. In mediation we are not bound by the law; however, it is important to know your legal rights prior to waiving or amending them. I can also write or review your separation agreement, file your divorce papers and/or represent you in an uncontested divorce, depending on the circumstances.
What services can I not provide you as your mediator?
I encourage both parties to a mediation to hire their own consulting attorneys to provide independent review of the separation agreement.
Depending on the complexity of your case, you may need to retain other professionals, such as financial experts, valuators, retirement experts, or child specialists to provide additional information needed to make decisions.
Who can mediate?
Anyone can mediate if they can find a way to speak to each other. This does not mean speak “nicely” – quite the contrary. In mediation, we do not shy away from conflict. Instead, we move towards the conflict, using it to inform us of what areas of discussion require more attention and care.
The only possible exception to this rule is in cases where there is domestic violence within a relationship. Where domestic violence is present there is often a power dynamic that is a barrier to mediation. A domestic violence screening, done during the initial consultation, will help us decide if mediation is right for you.
Consulting Attorney or Review Attorney
As a mediation-friendly consulting attorney, I can:
Provide legal counsel and answer questions during your mediation;
Advise you on developing a parenting plan;
Draft or review your separation agreement for your divorce;
File your court papers; or
Represent you during your uncontested divorce.
As a mediation-friendly review attorney, I will:
Review your agreement prior to filing to be sure that no issues have been missed.
What does it cost?
Mediations. Mediations typically take between five to eight sessions lasting two hours each, plus additional time for writing and distributing session summaries and drafting agreements.
I charge for mediations by the hour. We discuss and agree to a fee per hour before we sign our retainer agreement.
To make quality mediation available to all, I offer a sliding scale to those who qualify.
This sliding scale is based on the parties’ gross income as listed on their tax return(s), or what should have been listed on their tax return(s).
When calculating the hourly fee, I take into consideration any significant debts or significant assets.
In addition to my mediation costs, there may be additional fees for the consulting attorneys and costs for other neutral experts.
Legal Services.
Agreement drafting and review, parenting plan drafting or legal advice and consultation will be charged hourly, at a fee to be agreed upon prior to signing a retainer agreement.
If you are referred to me as a consulting attorney or a review attorney by a mediator, and you are being given a sliding-scale fee in your mediation, in most cases I will accept the same fee.
Court filings or representation in an uncontested divorce will be charged a flat fee.
Note that court fees are separate and vary depending on county.
Location and Contact
119 West 57th Street, Suite 711
New York, NY 10019
(212) 567-2287
Due to Covid-19, sessions are primarily conducted over Zoom or other video platforms; however, I will do in-person sessions upon request in certain circumstances.