If you think mediation is the best step for you and your family, contact the law firm of Gerard A. Falzone for a free consultation. Your mediation process may only require one to three sessions, or it may require more, depending on your situation. My hourly rate is very reasonable and my billing processes are completely transparent – you will always be informed of your current fees. We will work as efficiently as possible to minimize the time it takes to arrive at a solution that satisfies both of you. Unless ordered by the court, mediation is something that both parents must accept; One parent cannot force the other to participate in mediation. If you want to know more about the new complications and opportunities that come with the introduction of mandatory presumed mediation in family law, read the other blogs and articles on this site. You can also contact Mr. Darren Shapiro to discuss mediation, the law and custody arrangements at will.
Call the office or use the online contact form to arrange your first free initial consultation for up to thirty minutes. Alleged mediation is now turning into a mandatory complement to New York cases for custody and divorce cases in family law starting in the fall of 2019. This has led to a number of significant changes in the way divorce and custody cases are handled in Nassau County, Suffolk County, and other parts of New York City. As a mediator and divorce lawyer, Darren Shapiro has seen first-hand how implementation has worked in Nassau County Family Court for custody and divorce cases on Long Island. Based on his experience, starting in the fall of 2019, when custody cases are filed, whether for new custody cases or changes to nassau County (and most likely queens and Suffolk Long Island County) family court, the first mediation hearing date will be set. Neutral mediators are assigned to the case, the parties are invited to meet with them and the case is planned accordingly. Some states allow parents to file their first request for mediation in court. If this is the case in your place of residence, you must contact the court to respond directly to the request.
Successful mediations are much more affordable than controversial litigation and should allow both parties to be heard, supported and have more control over the outcome. Not only is mediation less stressful and more affordable, but it has also proven to be an emotionally healthier process for both parties and especially for the children involved. If successfully resolved, mediation can give a sense of closure that may never be possible in a contentious court battle in which a third party determines the course of your future. If the parties reach an agreement, it will be reduced to the written and signed form. While one of the benefits of mediation is that it avoids having to deal with the court system, parents are advised to file a custody agreement with a court that would have jurisdiction over the case after mediation. This is a protective measure that allows each parent to request legal intervention to enforce the agreement in the event that one of the parents does not comply with the conditions. For more information on family court mediation, please contact Virginia Torres-Villegas, COORDINATOR OF THE NEW YORK FAMILY EXTRAJUDIAL IN L`VVILLEGAS@NYCOURTS.GOV. Mediation can be done separately, so if you and your ex can`t be in the same room together, mediation can take this into account. The mediator will go back and forth between the parties and work to develop an agreement until it is finalized. If you and your child`s other parent are unable to resolve your disagreements regarding parenting duties and time-sharing arrangements, a private mediator might be a good option. First, it helps to have a clear understanding of what mediation is and what it can do for you. Mediation refers to the process of resolving legal disputes with the help of a professional mediator who acts as a neutral third party and facilitates discussion.
In particular, family law mediators help parents deal with custody arrangements, parenting time and visits, child benefits and more. However, if the court has not asked you to attempt mediation, there are no real definitive legal consequences if you refuse to participate. If the other parent later sues you in court, he or she may try to raise your refusal to mediate with the judge. Also keep in mind that mediators do this for a living and are trained to deal with struggling couples. Mediators will emphasize the importance of setting aside personal matters for the benefit of the child and are very good at bringing a parent`s attention back to the issue that really matters – the child. You may also be asked to make a list of the main issues that need to be addressed. At this stage, the mediator will facilitate discussions on these issues and try to help you reach an agreement. Finally, if you and your ex are able to reach an agreement on any of the issues you are trying to work on and want to create a formal written agreement, the mediator will help you.
Before a hearing date is required, Mr. Shapiro can also sit down with his client and discuss his options with him. His experience in litigation and mediation means that Mr. Shapiro can give his clients insight into what they can expect from court-ordered mediation sessions. So far, Mr. Shapiro found that all agreements reached in mediation by both parties are generally approved by the courts. Mr. Shapiro will therefore discuss with them his client`s options when it comes to entering into partial agreements and comprehensive settlements in advance. When the mediator makes a recommendation regarding custody, the judge and both parties receive a copy of the report.
Anything you say during mediation could be included in the report. The judge may accept the mediator`s recommendation if the parties do not agree on a parenting plan and a time-sharing agreement. The benefits of working with a custodial mediator include an increased willingness on both parents to follow the agreed agreement and even save money (compared to a contentious court dispute). The mediation process is usually confidential and mediations are usually conducted without a court reporter. This allows parents to speak freely without fear that someone will find out what has been discussed. In addition, mediation is a much more cost-effective solution to resolving custody disputes than lengthy litigation. Mediation also helps to minimize hostility or hostility between parents as it focuses on conflict relief. Your ex might let you know they want you to meet with a child mediator and you may not know what to do. I have been working as a family law mediator for over 25 years and my goal is always to work with both parties on an equal and fair footing, hoping they can find common ground. Together, we can find creative solutions to virtually every problem and obstacle that arise along the way.
I always remain objective and will treat both parties with the utmost respect. One of the reasons to hire a private mediator is to keep your conversations and information confidential. Once you have made a decision as to whether you want to try mediation, you must inform your ex in writing of that decision. This way, if you`re willing to mediate and end up in court later, you can show the judge that you were willing to cooperate when your ex asked you to try mediation. .