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New York State Council On Divorce Mediation

Less Stress Less Time Less Money

Report: New York Gets An ‘F’ For Shared Parenting Of Children Of Divorce

If you know anyone who has gotten a divorce, ask them how it went with their attorney. Were willing to bet that theyll tell you it took forever, that it cost a fortune, and that overall, it was a horrible experience. At Talk Mediation, our attorney-mediators chose to leave the courtroom in favor of the mediation room because it is better, smarter, financially responsible, and above all, more fair to everyone involved.

At Talk Mediation, you will get all of the expertise of a divorce or family law attorney but at a fraction of the cost. Our New York state divorce mediation experts make sure that you and your spouse, and when applicable, your children, are all going to be okay at the end of the divorce because thats simply how it should be.

What About Our Children

Ive heard that divorce mediation is easier on families, especially children. Is that true? Yes. The divorce mediator is able to help couples make decisions in the best interest of their children by keeping them out of the conflict. As they go through the divorce mediation process, many couples develop a better way to communicate and co-parent.

How are custody and parenting arrangements determined? In divorce mediation, couples have the opportunity to develop a customized parenting schedule that will address the needs of the entire family. The divorce mediator will help families generate various shared parenting options for holidays, vacations, weekdays, weekends, and any special circumstances.

How are expenses handled for children? The divorce mediator will explain New Yorks Child Support Standards Act and work with a couple to create a budget so that they can come to a mutually acceptable agreement that addresses their childrens financial needs, including health expenses, education, extracurricular activities and any additional expenses.

What Is Divorce Mediation

Divorce mediation is a voluntary settlement process used frequently and successfully by married couples who want to divorce, and by domestic partners who want to separate. Divorce mediation gives couples the option to plan their futures rationally, and in an atmosphere of cooperation and mutual respect. With the assistance of a trained divorce mediator, you can reach an agreement that is custom-made for your family, your finances and your future.

Divorce mediation is the preferred choice for couples and families facing separation and divorce because it provides a cost-saving means to reach agreements in a cooperative setting. At the same time, divorce mediation gives couples more control over the process and decision-making. As a result, communication between couples is better so resolutions take less time. Learn more.

Also Check: Is Spousal Support The Same As Alimony

Reduce Conflict And Easily Complete Your Divorce

If you are experiencing high levels of stress or contention while working with your partner through the divorce process, virtual mediation is a great way to still handle the split amicably without the added pressure of being face-to-face with your partner. In just 3-5 two-hour virtual sessions, every issue will be addressed and agreed on your attorney-mediator will make sure that all of your paperwork reflects your joint decisions and is articulated with the legal expertise only attorneys can bring. Plus, if being physically together isnt possible due to distance or other outstanding circumstances, then virtual sessions still allow you to complete the divorce efficiently and cost effectively.

Virtual mediation also makes it easier to share documents between parties, especially if communication outside the mediation process is unproductive or uncomfortable. By holding mediation sessions virtually, we can easily bring together other necessary consultants, like mortgage bankers, accountants, counselors, and attorneys, without needing to schedule large amounts of their time.

Mediation Is Handled By Social Workers

Upstate Divorce Mediation

Talk Meditation brings in attorney-mediators for a smarter alternative to divorce and family courts. It gives people the option to discuss and resolve issues with an unbiased guide without the stress of the courtroom for months or years. Because our New York state divorce mediation experts are licensed lawyers, documents are prepared in house and are legally sound.

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The New York State Council On Divorce Mediation Celebrates 35 Years

The New York State Council on Divorce Mediation marks its 35th Anniversary this year. We honor the organization with our annual conference, May 3-5, 2018 in Albany, NY, Managing the Delicate Balance.

This year our pre-conference presenter and keynote speaker is David Hoffman, Esq. from Boston Collaborative Law LLC and lecturer at Harvard Law School. He will be presenting on Getting to the Heart of Conflict: A Workshop on Practical Techniques.

Other presentations for the three day event will be:

  • Spousal Support: A View from the Bench
  • Navigating The New Tax Laws When Mediating Divorcing Couples
  • Update on the Law
  • Retirement Account Primer for Mediators and Navigating the Retirement Landscape
  • Addressing Diversity, Inclusiveness and Implicit Bias: Concerns Facing Mediators
  • Making the Case for Caucusing in Divorce Mediation
  • Debate: Is There a Place for Consulting Attorneys in Divorce Mediation?,
  • Trends, Resources & Techniques to Know When Mediating Domestic Violence Cases
  • Mediating Past Stereotypes
  • Breaking Through Stalemates: Understanding What Impasses are Really About
  • Converting Calls to Clients
  • What the Heck is HECM?

Continuing education of our members and networking are two main benefits that the organization provides.

The Council pulls from every corner of the state brining mediators, attorneys and other supporting professionals together in our common goal of making mediation the preferred option for couples divorcing.

Family Law And Divorce Support

Pusatier Sherman Abbott & Sugarman, LLP recognizes that family law requires a special touch. Because there can be so much at stake in divorce and family law cases, our attorneys deliver strong representation and expertise in these areas of the law. At the same time, clients need to feel heard. We pride ourselves in taking the time to understand our clients’ needs and give them the confidence and assurance that they are in good hands.Our goals are to:

  • Achieve the results you desire
  • Help you navigate through this difficult time in your life.

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What If Im Facing Serious Issues Is Divorce Mediation Still An Option

Is divorce mediation for everyone? In the vast majority of cases yes. Even if partners do not agree on much, divorce mediation could still be an option. Couples can check out The Divorce Mediation Quiz to see if divorce mediation is their best choice. If a couple thinks that divorce mediation could be a good solution for their family, they can learn more by meeting with a divorce mediator who can answer questions specific to their situation. However, in certain circumstances, such as where there is domestic violence, a refusal to fully disclose financial information or substance abuse, divorce mediation might not be appropriate.

Im ready to come to divorce mediation, but my spouse is not can we still move forward?It is very common for one person to be ready before the other. The individual who is ready may benefit from allowing the other person time to come to terms with the idea that the marriage/relationship is over. The divorce mediator may be able to facilitate a discussion about this in order to help the couple move forward.

Does divorce mediation work even in high conflict situations? Yes, conflict can exist in divorce mediation. A divorce mediator will create a safe and balanced environment where both parties can communicate their needs and expectations. The divorce mediator will structure the conversation so that both points of view can be shared.

What Else Should I Know About Divorce Mediation

Virtual Proceedings in the New York State and Federal Courts: Lessons Learned and Next Steps

How is divorce mediation different from litigation?

  • Divorce mediation is a cooperative process that addresses each individuals specific interests, concerns and needs moving forward. The neutral divorce mediator assists the couple in communicating in order to create a mutually beneficial agreement. The parties have total control over the outcome. Divorce mediation is cost effective, saves time and saves unwanted emotional turmoil for all members of the family.
  • On the other hand, litigation is an adversarial process in which both parties retain attorneys to go to court. The parties have little, if any, control over the process and the outcome. Litigation is an expensive and lengthy process wrought with emotional turmoil.

How is divorce mediation different from couples/marital therapy? Divorce mediation’s goal is to assist the couple to separate amicably. In contrast, the goal of couples/marital therapy is typically to help the couple stay together.

Are conversations during divorce mediation confidential? Yes. At the outset of divorce mediation couples sign an agreement to keep discussions and any information shared in sessions confidential. This encourages open and productive discussion and provides privacy.

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Children Are Priority Not Pawns

At Talk Mediation, our attorney-mediators typically start with the most common interest to both parties the children. When parties make their children the priority, they begin the mediation process working as a team. They learn how to communicate, how to plan, and how to work together to ensure a positive upbringing for their kids.

As long as the children are taken care of, the rest of the issues begin to feel much easier to tackle. In adversarial divorce, lawyers like to use the children as pawns to their case rather than priorities. They use them as tools in regards to child support, the family home and, of course, in custody battles.

The parties end up fighting over children who really just want things to remain peaceful. Kids love both their parents and want to spend time with both.

When Will Courts Uphold Ny Divorce Mediation Child Custody Agreements

In New York, the parties involved in a divorce have the opportunity to keep their issues outside of the courtroom, by entering into mutually-acceptable and negotiated agreements. The process of agreeing on terms for the divorce outside of the court is known as divorce mediation, and it’s a service that Attorney and divorce mediator Shapiro offers as a trained mediator. For the most part, the agreements made in a divorce mediation session will be upheld by the courts of New York, as long as the judges do not identify major issues with them. However, it’s important to note that the New York court will retain jurisdiction over certain issues.

When clients come to divorce mediator Darren M. Shapiro, Esq. for their divorce mediation, he often reminds them that the agreements made during mediation are held to specific standards. For instance, when it comes to determining issues for child custody, the parties involved in a divorce will be free to discuss their issues with mediators like Mr. Shapiro. In a safe and objective environment, the two spouses can come up with an arrangement that’s suitable for both parties. However, under the family law demands of New York, the courts must be able to ascertain that the agreement is in the best interests of the children. If a separation agreement provides for an arrangement of custody or parenting time that the courts don’t believe is right for the children, then the agreement may not be enforced.

Child Custody Agreements and Jurisdiction

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Training Divorce Mediators Since 1987basic Training In Divorce Mediationthe Watson Hotel 440 W 57th Street New York City

Register by the end of the year and save $100 by paying the Early-Bird registration fee of $1,300
Register Today
Our 40 hour Basic Training offers an introduction to thelegal, financial, and emotional problems of divorce, as well as an overview of fundamental mediation theories and techniques. Didactic instruction is balanced with extensive role-playing exercises, case studies, and opportunities for Q& A. Our interdisciplinary staff draws from their diverse professional backgrounds, offering unique perspectives that enrich the training experience. We focus on the private practice model and offer ongoing support to our trainees while they develop as professional mediators. In addition to the basics outlined above, this training will cover some common tax issues, the impact of the Tax Cuts and Jobs Act, and the challenges of working with different kinds of retirement plans. We also provide two hours of Domestic Violence training, as required by the Academy of Professional Family Mediators, The New York State Council on Divorce Mediation, the New Jersey Association of Professional Mediators and the Association for Conflict Resolution.
We are pleased to offer 40 hours of CE credits for mental health professionals , as well as CLE’s for attorneys.
Learn More

Our Divorce Mediators Deliver The Expertise & Trust You Need To Get Divorced At A Fraction Of The Cost Of An Attorney

DMPâs Barbara Badolato Receives Prestigious Abel Award

Getting divorced with attorneys can cost up to $40,000 and take over a year or more. But today, theres a better way divorce mediation. For a single flat-fee of $3,995 + court fees, our mediators will help you create a divorce agreement in as little as 6 hours.

Well guide you through the entire process from matching you with a mediator to preparing and filing the required forms at your direction with the court:

Get up to 8 hours of mediation with an expert mediator to decide the terms of your divorce

Schedule mediation sessions around your schedule we offer evening and weekend sessions

Create detailed, personalized plans for parenting, asset division, spousal support, etc.

Complete sessions and come to an agreement at your own pace you can finish mediation in as few as 3 weeks

Receive a legally binding agreement based on the terms determined in mediation

Enjoy personalized, start-to-finish support from a dedicated case manager

Use convenient and effective virtual meetings to complete mediation from your own home

Receive full court filing service we will prepare the required forms at your direction and file with the court

The Focus Is The Best Interest Of The Children

At Talk Mediation, our attorney-mediators help the parties decide what is truly best for the children based on the circumstances in which they all live. The childrens best interests dictate the discussions and, in the end, the children feel the positive effects of mediation while the negative effects of divorce are diminished because everyone is on the same page.

In court, lawyers are obligated to look out for the best interest of their client, not their clients children. This means saving their clients money in child-support, sometimes, by placing the children in a way which really isnt in their best interest at all. This is one of the main reasons our attorneys at Talk Mediation left the courtroom in favor of mediation.

While the children have a voice in the courtroom, through their court assigned attorney, their voice is often skewed because they feel obligated to one parent or the other or they have been coached. At Talk Mediation, the court does not decide what is best for the children.

At Talk Mediation, that is left up to the parents, which is exactly how it should be.

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The Divorce Mediation Quiz

Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Divorce Mediation Quiz for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.

Various Family And Divorce Resources

Association of Family & Conciliation CourtsAn interdisciplinary and international association of professionals dedicated to the resolution of family conflict.

American Responsible Divorce NetworkInformation and resources to help make divorces more humane and responsible

New York Child Support Information

Explains tax rules that apply if you are divorced or separated from your spouse. It covers general filing information and can help you choose your filing status. It also provides information about exemptions.

Collaborative Law New YorkHelps resolve divorce, non-marital dissolution, and prenuptial and postnuptial disputes without resorting to adversarial techniques or tactics.

Collaborative Law, Northern New JerseyHelps resolve divorce, non-marital dissolution, and prenuptial and postnuptial disputes without resorting to adversarial techniques or tactics.

NAELA: National Academy of Elder Law AttorneysA non-profit association that assists lawyers, bar organizations and others who work with older clients and their families. Provides a resource of information, education, networking and assistance to those who deal with the many specialized issues involved with legal services to the elderly and people with special needs.

Parents Are Collaborative Not Combative

Oral Arguments – – New York State Court of Appeals

At Talk Mediation, our attorney-mediators help the parties to approach their divorce and the needs of their children as a team. Parents work together to figure out how they can co-parent their children cooperatively, leaving the children feeling protected and safe with the knowledge that both parents will not only be there for them, but for one another during the childrens upbringings.

In traditional, adversarial divorce, lawyers encourage parents not to communicate. By the time the divorce is settled, the parties hold a great deal of resentment toward one another and this resentment is felt by the children. Children are often asked to pick sides in adversarial divorces and are asked difficult questions about their parents which can produce feelings of sorrow and betrayal.

The differences between litigation and mediation are vast and, when it comes to the impact of divorce on children, the right choice is obvious.

Life Is Busy Virtual Mediation Is Convenient

Mediation is already a smarter divorce alternative thanks to being on your time instead of the courts. Take that to the next level with virtual mediation sessions that are completed from the comfort and security of your home or office. This allows you not only to save time otherwise spent on travel, but potentially money. Say goodbye to worrying about finding childcare or scheduling a sitter with virtual mediation services, children are at the top of mind and their comfort and safety is a priority. And, because you never leave the privacy of your home, youre able to discreetly handle your divorce without being seen going to and from the mediation office.

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