Articles Posted in Mediation

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The process of divorce isn’t just complicated because it creates a lot of uncomfortable emotions for the people involved.While the stress, sadness, and anger that can emerge during the divorce process can be difficult to manage for some, another important thing to remember is that it’s crucial to ensure you’ve covered all the different elements that you need to think about as a divorce takes place. Using an alternative resolution process like mediation can help minimize the emotional turmoil by avoiding an adversarial process. In mediation, like any process though, parties will need to consider how they’re going to manage child custody and visitation agreements, while others will need to think about how they can address the equitable distribution of debts and assets between both parties.

As a divorce attorney, child custody lawyer, and an experienced mediator, I attempt to offer my clients as many options as possible when it comes to helping them decide how to simplify divorce and prepare for the next stage of their life. Often, mediation can emerge as a less combative solution for coming to decisions about everything from spousal support to asset distribution. Because there are no cemented rules in place for how a mediation should take place, every session I conduct is shaped by the parties that are involved. After all, just as every couple, individual, and family is unique, every mediation session should be one-of-a-kind too. Continue reading ›

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When a couple goes through the process of divorce, they encounter several concerns that need to be discussed.For partners with children, many of the biggest issues center around ensuring that the youngsters within the family continue to get the support and guidance they need. However, there are many other important elements to think about for both parents, and non-parents. One of the most common issues I address as a divorce attorney and in my work as a mediator is “spousal maintenance”, or alimony as it is sometimes called.

Many people elect to use divorce mediators when it comes to making decisions about maintenance, because alternative dispute resolution methods can allow them to retain some control over the decisions that are made about their future. Of course, while mediation is often considered to be a less combative form of dispute management, the discussions held around maintenance can be complex, as it means determining why a certain spouse believes they are entitled to support, and whether the amount given in that support should follow the guidelines set by the state of New York. Often, each party will have a different definition of what is “fair” according to their circumstances. However, I found that the non-judgmental and open discussion in mediation can provide a perfect platform on which to find a resolution that suits both sides in a divorce. Continue reading ›

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As a divorce mediator and family law lawyer, I know that there are questions people have when bringing an end to amarriage. Though divorce is never easy, it becomes particularly complex when children are involved, as the end of a relationship also means a huge change in family dynamics for all parties. Since the aim of any divorce and child custody agreements should be to come to terms on agreement that preserves the safety and comfort of the child in question, I offer my clients a range of alternative dispute resolution methods to choose from, alongside standard litigation.

I find that many of my clients prefer to use the less-combative strategy of mediation when it comes to making decisions for the benefit of their children. After all, not only does mediation allow both parties within a divorce to come to an agreement that suits either side, but it can also preserve some of the relationship that remains between divorcing couples, which can be key to joint custody and visitation agreements. One of the many important issues I address with my clients during the mediation process, is “child support”, and what that term should mean to both parties involved. Continue reading ›

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When parents are divorced, they have several concerns they need to think about when it comes to maintaining thebest interests of a child. For instance, they may need to make a decision about parenting time, custody, and visitation, or whether one of the parties should be asked to pay child support to help ensure that the child in question can continue to live a comfortable life after a marriage comes to an end. Importantly, however, it’s worth noting that decisions about child support don’t have to be limited to the discussion that occurs during a divorce.

When I am acting as a mediator it is usually for married divorcing couples.  In that instance I usually find that my clients are most likely to address the concept of child support during mediation and they will make an agreement that eventually will become part of their divorce. However, non-married couples can also come to me to discuss child support through mediation. Continue reading ›

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When it comes to addressing difficult topics during a divorce or family law matter, there are options available that allow for asolution beyond litigation. When it comes to parenting time, visitation, and custody arrangements, many parents prefer to use a method of alternative dispute resolution known as mediation. With mediation, it’s possible to come to terms about the future of a child, or children, without leaving decisions entirely in the hands of the court. Additionally, because mediation is naturally less combative than litigation in most cases, it can allow for some semblance of a relationship to be preserved between the parents in a case.

Though I work as a divorce attorney and child custody lawyer for my clients here in New York and Long Island, I can also offer them alternative options for dispute resolution in the form of mediation and collaborative law. When my clients choose to engage in mediation, the first thing I like to tell them is that there aren’t necessarily any hard and fast rules about how mediations need to proceed. Instead, each mediation session is adjusted according to the needs of the couples, individuals, and families in question. Subsequently, the dynamics of the mediation will also be unique. Often, I’ll start by asking whether the couple have already discussed the issue of parenting time and custody, and whether they have any ideas on how an agreement should look. Continue reading ›

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After taking the time to in my last blog series to discuss the ins and outs of divorce litigation, I hope to share more ofmy experience in the world of family law by turning to some blogs about mediation, my favorite method of dispute resolution. Most of my mediated cases involve divorce, however, it’s also possible to use mediation as a solution for coming to agreements that do not including divorce as well. For instance, mediation can be particularly useful for people who want to address family law issues like child custody and parenting times without discussing divorce. Mediation can also be used for couples that want to be legally separated, or make pre-nuptial or post-nuptial agreements.

The principles that are addressed when mediating parenting time and custody within a divorce, and outside of a divorce are often the same. However, the mechanism that turns the agreements made within mediation into binding orders can be very different for unmarried couples. Usually, it’s expected that the Supreme Court will incorporate a Stipulation of Settlement for a divorce or Separation Agreement into the Judgment without the need to see parties in court.  My engagement with the couple will provide that after the settlement agreement is signed I can draft and submit the uncontested papers to the court for them.  For the purposes of bringing the papers through the court system my name will go down as attorney for the plaintiff, but it is understood that I am neutral between the couple.  The reason I can be listed as the attorney for the plaintiff in that instance is because there are no remaining issues of contention between them since we settled the case by the Separation Agreement.   Continue reading ›

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The college application process can be a daunting thing notjust for aspiring students, but also for the parents that hope to support their children’s education. When it comes to children of divorce, the concerns regarding which schools to apply for and what courses to take can extend to additional worries about which parent should be expected to pay the ongoing expense of tuition, room and board, books, travel, and the rest of it.   In New York, the rules regarding college costs for child support cases or following divorce are often impacted by something called the “SUNY” cap. The SUNY cap is a concept commonly used by the New York courts to address the issue of how college education should be paid for. Parental payment for their children’s college isn’t automatic in the state of New York, the trend has been for courts to use a more child-friendly approach to financing college education.

The legislature has codified in the Domestic Relations Law and Family Court Act that courts need to order parents to contribute to a child’s college education, depending on the circumstances at hand, and the child’s best interests.  The cases have held that this determination is done according to the parent’s ability to pay, the expectations the parents had for the children (such as their own educational backgrounds), and the children’s academic abilities. Continue reading ›

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For some people, the thought of going through a divorce canbe terrifying. Divorces are emotional experiences, that require a great deal of thought and planning to make sure that you walk out at the other end of the procedure prepared for your future. As a divorce attorney, I know that the last thing many of my clients want to do when they’re dealing with the vulnerability they feel during a divorce case, is to present their argument in front of a New York court. Even if the divorce is amicable, taking the process to court can be an overwhelming, and time-consuming process. That’s why opportunities have emerged that allow people considering divorce to choose other methods of dispute resolution.

Alternative dispute resolution proceedings allow you to resolve the issues that appear during the divorce process, through a series of informal negotiations between spouses. These negotiations can take place in more comfortable office spaces, and may ensure that you never have to step inside of a court room. Eventually, the purpose of an alternative dispute resolution is to allow both parties to come to a voluntary settlement about how they want their divorce to be handled. Here, we’ll take a look at the two most common forms of alternative dispute resolution, both of which I can perform from my office here in Long Island.

Using Divorce Mediation for Alternative Dispute Resolution

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Addressing your Most Frequently Asked Divorce QuestionsAs a divorce attorney, I do my best to keep my clients informed and educated about each step of their divorce procedure. Often, this means answering some of the most common questions that might arise about the complications of marriage dissolution. To help people facing family law issues to address some of the most typical concerns surrounding divorce, I’ve put together this list of some frequently asked divorce questions that I have answered in my previous blogs and web site pages.  Child custody, parenting time, child support, maintenance (spousal support) are important issues that need to be decided in a divorce as well but I do not discuss them in today’s blog.

Question 1: What Are New York Divorce Residency Requirements?

Parties to a divorce in New York must meet the residency requirements for the state, or their case may be dismissed. To apply for a divorce, residents must meet with the following requirements:

  • The marriage ceremony must have taken place in New York, and one spouse must have had legal residence for at least one year prior to action taking place.
  • Both spouses lived as a married couple in New York, and one or both residents has been considered a resident for at least one year prior to action taking place.
  • The grounds for divorce took place in New York, and at least one spouse has been a resident for at least one year prior to action taking place.
  • The grounds for divorce took place in New York and both spouses were residents at that time.
  • At least one spouse was living in New York as a resident for at least 2 years prior to filing the case.

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As a divorce lawyer for the regions of Long Island, the surrounding areas and New York, I like to inform my clientsthat I’m capable of offering them a range of solutions when it comes to dissolving a marriage. While some people will find that litigation is their best option (and I do litigate), others will prefer to access the often time, and cost-effective solution of mediation instead. As a trained mediator, I can offer clients a more collaborative experience when it comes to settling divorce issues.  I routinely litigate, as well as settle cases under the more traditional system, which is set up as an adversarial system (ie.  Plaintiff versus Defendant).  I also work as a mediator or a review attorney for those that choose divorce mediation as their process to dissolve their marriage. Here, I’ll address some of the common questions I encounter about divorce mediation.

Question 1: How Can I get My Spouse to Agree to Mediation?

Often, both spouses need to feel comfortable in a mediation setting for this process to work. As such, my clients often ask me how to convince their spouse to take part in mediation as an alternate source of dispute resolution. Often, I find that the best option is to simply approach the topic from an angle that both of you understand. For instance, if you’re concerned about money, you could acknowledge that mediation is often cheaper than litigation. Alternatively, if you want to defend the children from an emotional process, mediation is often a much calmer approach to divorce. Continue reading ›

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