Choosing Mediation
Divorce Mediation is not having to hire a lawyer, battle with your spouse, or continually go to Court with both spouses spending large sums of money on their own attorneys. Divorce Mediation is the complete opposite, with a divorce or separation being achieved in a fraction of the time and cost. Divorce Mediation focuses on achieving a collaborative solution between parting spouses. See why many choose to Mediate out of Court rather than litigate.
Mediating Out Of Court Is Less Expensive
An average contested divorce in Court is expensive. Divorce lawyers are usually unaffordable, with each spouse being required to pay a large retainer. With any lengthy divorce, spanning months or even years of Court appearances, letters, motions, and/or telephone calls, the large retainer for each spouse is usually gone after several weeks, costing each spouse thousands of dollars in additional lawyer’s fees. Mediating out of Court does not require the payment of any retainer and is based on a reasonable hourly rate of rate of $400.00 per hour that is usually shared by the parties.
Mediating Out Of Court Is Faster
The average litigated divorce takes approximately two years. Besides spending that time paying expensive lawyer fees, the divorcing spouses also spend a long time having to go back and forth to Court. Divorce litigation puts your life on hold and is emotionally taxing. A divorcing spouse wants nothing more than to comfortably move on with the next chapter of their life, while securing from their marriage what they believe to be fair.
The time it takes to resolve your divorce is totally up to you. The divorcing spouses are the ones make sure they have enough time to resolve all of the issues between them and make sure they are handled and discussed carefully. The divorcing spouses are the ones who schedule their own sessions and are assisted by our Mediators in moving through the our process at a pace that best suits their situation.
Step 1: Free Consultation
The initial consultation begins by discussing how Mediation works, and the issues involved with the case of the divorcing spouses. The Mediator will then answer whatever questions the divorcing spouses have and also explain pricing. There is never an obligation to proceed. It is simply important that any decision made by the divorcing spouses be in their best interest and within their own timeframe. If the divorcing spouses decide to proceed with Mediation, they will sign a Mediation Agreement and the Mediation can begin at a time of their convenience. All Mediation sessions are free to take place in person at our offices, in person at the home of the divorcing spouses, or virtually by video.
Step 2: Negotiation
Once Mediation begins, the divorcing spouses and their Mediator begin to negotiate all of the terms that will eventually make their Divorce Agreement. The Mediators will use our best effort to conduct the Mediation in a calm and non-confrontational setting, allowing the divorcing spouses to arrive at an equitable resolution. During the Mediation, all of the pertinent issues will be discussed that include, but are not limited to, custody/decision making/visitation, child support, spousal support and equitable distribution. Mediating out of Court is a process that is controlled by the divorcing spouses which allows them to discuss every other issue they want during their Mediation.
Step 3: Signing your Mediation Agreement
Mediating out of Court allows the divorcing spouses to reach an Agreement that works for them. Once the divorcing spouses agrees on all of the disputed issues, comprehensive Divorce Agreement is prepared and reviewed by the parties and the Mediator. Once the Divorce Agreement is finalized by the divorcing spouses, it is signed and a Divorce is within reach.
Step 4: Court Submission
Once the Divorce Agreement is signed by the divorcing spouses, their role in the Mediation process is complete. The next step is for our legal staff to prepare a variety of documents that are required to be submitted to the Court so that a Judgment of Divorce can be issued. This is mere legal formality without any need for the divorcing parties to appear in Court. After the Court has the opportunity to review the submitted documents and approves them, a Judgment of Divorce will be issued and the divorce is final.
Our Personalized and Knowledgeable Mediators
The reputation of Mediators Daniel Herrera and Ashleigh Occhino is based upon their personalized approach to each client. Divorce Mediation and Conflict Resolutions Services of New York offers Mediation Services for all types of clients who are in a collaborative divorce, whether simple or complex.
With a combined 30 plus years of experience in dealing with Divorces, Separations, and varies issues involving both Matrimonial Law and/or Family Law, the reputations of both Daniel Herrera and Ashleigh Occhino are impeccable. Their continued goal is for each divorcing spouse to be treated with professionalism and respect, so when their case is resolved, they will recommend Divorce Mediation to their friends, family and colleagues.
Please do not hesitate to reach out and schedule an appointment with either Daniel Herrera or Ashleigh Occhino for an initial consultation at no cost, either by video or in person. Their goal is to make sure that any of the divorcing spouses they speak with receive personalized service at a reasonable rate, within a time frame that best suits their unique situation.
