Law Offices of Moran and Gottlieb

PEARL CENTER FOR
DIVORCE MEDIATION

Questions and Answers:

Why would I choose mediation to resolve a family dispute?

What should I look for when choosing a Family Mediator?

What happens if a dispute settles at mediation?

What happens if a dispute does not settle at mediation?

Who pays for mediation?

Will I Still Need a Lawyer?

What type of services does the Pearl Center provide to a couple considering an uncontested divorce?

What is the approximate cost of a mediated uncontested divorce through the Pearl Center?

Why would I choose mediation to resolve a family dispute?

Mediation is particularly well suited to family disputes because the process helps people negotiate settlements on the basis of their needs and interests so that everyone can win in the end. On the other hand, when cases go to court a judge makes a decision that everyone must live with, even when one person wins the case and the other loses.

In family disputes, judges must make their decisions based on the best interests of the child. The "best interests" test is found in the Family Law Act. It can be difficult for parents to sort out their own needs from those of their children. Mediation can help with that process. The mediator encourages people to think about everyone's interests and needs, not just their rights. The court process, on the other hand, focuses on a person's legal rights. The result can be that parents confuse their rights with their child's best interests --- the child gets put in the middle of the dispute.

Mediation works to settle family disputes. Research shows that in some programs up to 78% of disputes are settled through mediation.

When children are involved, parents often continue to have a relationship. Mediation can help to develop better channels of communication and to build new, appropriate relationships after divorce or separation. Back to Top.

What should I look for when choosing a Family Mediator?

Family disputes can have different characteristics than other kinds of civil disputes, and these differences should be kept in mind when choosing mediation and a mediator. In mediation, it is important that one person not be at a disadvantage in negotiating a settlement. Mediators will look to see if there is a power imbalance between the parties that will make it difficult to negotiate a fair agreement. For example, one person may not be as good as the other in speaking-up for him or herself. Power imbalances can result from the personalities of the people involved, but can also result from violence or abuse in a relationship. Assessing whether or not parties can negotiate on a balanced footing is something that family mediators should be trained and experienced in doing. Often the mediation process can be structured to take into account a power imbalance; for example, a mediation session with two mediators - one female and one male - might be recommended. Sometimes a mediator will suggest that people do not attend mediation together; rather, the mediator meets with them separately. This is sometimes called "shuttle" mediation or "caucusing". Sometimes people ask a lawyer or some other person to come to mediation with them, in order to provide legal advice or other support.

Where there are serious concerns about violence in a relationship, to the point where the safety of one of the individuals is an issue, mediation may not be the most appropriate dispute resolution process, and the case may be best resolved by the court. Also, if a case must be resolved urgently, the court may provide a more appropriate dispute resolution process.

Family mediators often have training in managing high-conflict cases and the dynamics of family violence, as well as training and experience in mediation theory and practice. Some family mediators may specialize in assisting people to reach agreement on financial matters or property division. Other factors to consider when choosing a mediator apply in all kind of disputes, not just family disputes. Back to Top.

What happens if a dispute settles at mediation?

When a case settles at mediation, the mediator will help the parties write an agreement. In family disputes, it is common to file the signed agreement with the court or to use the agreement as the basis for a court order. It is recommended that people seek independent legal advice before signing the agreement.

The agreement is like any contract reached between two people. If someone breaches the agreement, parties can meet again with a mediator to attempt to resolve the dispute or use the court process to enforce the agreement. Back to Top.

What happens if a dispute does not settle at mediation?

Sometimes only some of the issues in dispute settle at mediation and sometimes none of the issues settle. In these cases, the parties can go to court to have a judge make a decision on the unresolved issues. Research shows that cases which go to court after a mediation session often settle more quickly and with fewer court appearances than cases that go directly to court. After participating in mediation people tend to have a clearer idea of what the dispute is about and how they would like to see the dispute settled. Back to Top.

Who pays for mediation?

Generally the costs of mediation are paid equally by the people who participate. Something to negotiate when choosing a mediator is the cost of the mediation. The cost of mediation can vary depending on what people want; for example, do they want a neutral place to hold the mediation, and do they want the mediator to provide it? Back to Top.

Will I Still Need a Lawyer?

You do not need a lawyer to participate in mediation. However, talking to a lawyer about the law that applies to your dispute may help you prepare for mediation. It is also a good idea to get independent legal advice before signing an agreement reached in mediation. As a general rule mediators do not give legal advice during mediation, even if they are qualified family lawyers.

Sometimes it might be an advantage to have a lawyer with you during mediation, for example, where your dispute is very complex or very emotional. If you have a lawyer with you at mediation, you must pay for his or her services. Back to Top.

What type of services does the Pearl Center provide to a couple considering an uncontested divorce?

The Pearl Center is a division of the Law Offices of Moran and Gottlieb of Kingston New York. Andrea Moran, our legal consultant, will meet with each couple considering a mediated divorce and after mediation will review the proposed settlement agreement. The couple is encouraged to seek independent counsel to also review the proposed agreement so that no party is ever at a disadvantage in the mediation process or it's outcome. Our Mediators have completed training in mediation and have had experience in both civil and matrimonial matters. Ms. Moran has over 28 years experience in Family Court and Supreme Court matters concerning divorce, custody, support and visitation. Mr. Gottlieb has been practicing Family Law since 1992 and has taken part in several mediated settlements that involved hundreds of New York City tenants. Both he and Ms. Moran have authored several books including "the Upstate Tenant Right's Guide Book" and have been featured on television and in many newspaper and magazine articles. Sharon Sanger graduated from the Marist College Paralegal Program and completed the DRC mediator program.

With the staff that the Pearl Center provides, a couple considering mediation can chose to have two mediators and an attorney review their final agreement. Back to Top.

What is the approximate cost of a mediated uncontested divorce through the Pearl Center?

The cost for a three session mediation (at one hour each), attorney review and consultation and drafting of all needed legal documents for filing an uncontested divorce is approximately $2,500 plus the court filing fees. Back to Top.

Please call us if you or a friend or relative are interested.

Sincerely,

Steven I. Gottlieb, Esq.,
Director / Mediator

Sharon Sanger, Mediator

Andrea Moran, Esq.,
Legal Advisor

The Pearl Center for Divorce Mediation at
The Law Offices of Moran & Gottlieb




				PEARL CENTER FOR DIVORCE MEDIATION Questions and Answers: Why would I choose mediation to resolve a family dispute? What should I look for when choosing a Family Mediator? What happens if a dispute settles at mediation? What happens if a dispute does not settle at mediation? Who pays for mediation? Will I Still Need a Lawyer? What type of services does the Pearl Center provide to a couple considering an uncontested divorce? What is the approximate cost of a mediated uncontested divorce through the Pearl Center? Why would I choose mediation to resolve a family dispute? Mediation is particularly well suited to family disputes because the process helps people negotiate settlements on the basis of their needs and interests so that everyone can win in the end. On the other hand, when cases go to court a judge makes a decision that everyone must live with, even when one person wins the case and the other loses. In family disputes, judges must make their decisions based on the best interests of the child. The "best interests" test is found in the Family Law Act. It can be difficult for parents to sort out their own needs from those of their children. Mediation can help with that process. The mediator encourages people to think about everyone's interests and needs, not just their rights. The court process, on the other hand, focuses on a person's legal rights. The result can be that parents confuse their rights with their child's best interests --- the child gets put in the middle of the dispute. Mediation works to settle family disputes. Research shows that in some programs up to 78% of disputes are settled through mediation. When children are involved, parents often continue to have a relationship. Mediation can help to develop better channels of communication and to build new, appropriate relationships after divorce or separation. Back to Top. What should I look for when choosing a Family Mediator? Family disputes can have different characteristics than other kinds of civil disputes, and these differences should be kept in mind when choosing mediation and a mediator. In mediation, it is important that one person not be at a disadvantage in negotiating a settlement. Mediators will look to see if there is a power imbalance between the parties that will make it difficult to negotiate a fair agreement. For example, one person may not be as good as the other in speaking-up for him or herself. Power imbalances can result from the personalities of the people involved, but can also result from violence or abuse in a relationship. Assessing whether or not parties can negotiate on a balanced footing is something that family mediators should be trained and experienced in doing. Often the mediation process can be structured to take into account a power imbalance; for example, a mediation session with two mediators - one female and one male - might be recommended. Sometimes a mediator will suggest that people do not attend mediation together; rather, the mediator meets with them separately. This is sometimes called "shuttle" mediation or "caucusing". Sometimes people ask a lawyer or some other person to come to mediation with them, in order to provide legal advice or other support. Where there are serious concerns about violence in a relationship, to the point where the safety of one of the individuals is an issue, mediation may not be the most appropriate dispute resolution process, and the case may be best resolved by the court. Also, if a case must be resolved urgently, the court may provide a more appropriate dispute resolution process. Family mediators often have training in managing high-conflict cases and the dynamics of family violence, as well as training and experience in mediation theory and practice. Some family mediators may specialize in assisting people to reach agreement on financial matters or property division. Other factors to consider when choosing a mediator apply in all kind of disputes, not just family disputes. Back to Top. What happens if a dispute settles at mediation? When a case settles at mediation, the mediator will help the parties write an agreement. In family disputes, it is common to file the signed agreement with the court or to use the agreement as the basis for a court order. It is recommended that people seek independent legal advice before signing the agreement. The agreement is like any contract reached between two people. If someone breaches the agreement, parties can meet again with a mediator to attempt to resolve the dispute or use the court process to enforce the agreement. Back to Top. What happens if a dispute does not settle at mediation? Sometimes only some of the issues in dispute settle at mediation and sometimes none of the issues settle. In these cases, the parties can go to court to have a judge make a decision on the unresolved issues. Research shows that cases which go to court after a mediation session often settle more quickly and with fewer court appearances than cases that go directly to court. After participating in mediation people tend to have a clearer idea of what the dispute is about and how they would like to see the dispute settled. Back to Top. Who pays for mediation? Generally the costs of mediation are paid equally by the people who participate. Something to negotiate when choosing a mediator is the cost of the mediation. The cost of mediation can vary depending on what people want; for example, do they want a neutral place to hold the mediation, and do they want the mediator to provide it? Back to Top. Will I Still Need a Lawyer? You do not need a lawyer to participate in mediation. However, talking to a lawyer about the law that applies to your dispute may help you prepare for mediation. It is also a good idea to get independent legal advice before signing an agreement reached in mediation. As a general rule mediators do not give legal advice during mediation, even if they are qualified family lawyers. Sometimes it might be an advantage to have a lawyer with you during mediation, for example, where your dispute is very complex or very emotional. If you have a lawyer with you at mediation, you must pay for his or her services. Back to Top. What type of services does the Pearl Center provide to a couple considering an uncontested divorce? The Pearl Center is a division of the Law Offices of Moran and Gottlieb of Kingston New York. Andrea Moran, our legal consultant, will meet with each couple considering a mediated divorce and after mediation will review the proposed settlement agreement. The couple is encouraged to seek independent counsel to also review the proposed agreement so that no party is ever at a disadvantage in the mediation process or it's outcome. Our Mediators have completed training in mediation and have had experience in both civil and matrimonial matters. Ms. Moran has over 28 years experience in Family Court and Supreme Court matters concerning divorce, custody, support and visitation. Mr. Gottlieb has been practicing Family Law since 1992 and has taken part in several mediated settlements that involved hundreds of New York City tenants. Both he and Ms. Moran have authored several books including "the Upstate Tenant Right's Guide Book" and have been featured on television and in many newspaper and magazine articles. Sharon Sanger graduated from the Marist College Paralegal Program and completed the DRC mediator program. With the staff that the Pearl Center provides, a couple considering mediation can chose to have two mediators and an attorney review their final agreement. Back to Top. What is the approximate cost of a mediated uncontested divorce through the Pearl Center? The cost for a three session mediation (at one hour each), attorney review and consultation and drafting of all needed legal documents for filing an uncontested divorce is approximately $2,500 plus the court filing fees. Back to Top. Please call us if you or a friend or relative are interested. Sincerely, Steven I. Gottlieb, Esq., Director / Mediator Sharon Sanger, Mediator Andrea Moran, Esq., Legal Advisor The Pearl Center for Divorce Mediation at The Law Offices of Moran & Gottlieb
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