• About
    ▼
    • Get to Know Our Firm
    • Linda Markowitz
    • Kathy N. Rosenthal
    • Sherry A. Bishko
    • Of Counsel
  • Divorce
    ▼
    • Divorce Overview
    • Mediation
    • Collaborative Divorce
    • Litigation
  • Family Law
    ▼
    • Family Law Overview
    • Child Custody
    • Child Support
    • Orders of Protection
  • Wills, Trusts, Estates
    ▼
    • Wills, Trusts, Estates Overview
    • Estate Planning
    • Estate Settlement
    • Pre & Post-Nuptial Agreements
  • Real Estate
  • Blog
    ▼
    • News
    • Articles
    • Videos
  • Contact Us
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Rosenthal & Markowitz

Westchester County Divorce & Probate

Call914.347.1292

  • About
    • Get to Know Our Firm
    • Linda Markowitz
    • Kathy N. Rosenthal
    • Sherry A. Bishko
    • Of Counsel
  • Divorce
    • Divorce Overview
    • Mediation
    • Collaborative Divorce
    • Litigation
  • Family Law
    • Family Law Overview
    • Child Custody
    • Child Support
    • Orders of Protection
  • Wills, Trusts, Estates
    • Wills, Trusts, Estates Overview
    • Estate Planning
    • Estate Settlement
    • Pre & Post-Nuptial Agreements
  • Real Estate
  • Blog
    • News
    • Articles
    • Videos
  • Contact Us
  • About
    • Get to Know Our Firm
    • Linda Markowitz
    • Kathy N. Rosenthal
    • Sherry A. Bishko
    • Of Counsel
  • Divorce
    • Divorce Overview
    • Mediation
    • Collaborative Divorce
    • Litigation
  • Family Law
    • Family Law Overview
    • Child Custody
    • Child Support
    • Orders of Protection
  • Wills, Trusts, Estates
    • Wills, Trusts, Estates Overview
    • Estate Planning
    • Estate Settlement
    • Pre & Post-Nuptial Agreements
  • Real Estate
  • Blog
    • News
    • Articles
    • Videos
  • Contact Us

Mediation

Mediation

Mediation

Mediation is an alternative to court litigation for resolving issues between divorcing couples. Litigation is an adversarial process that often pits the parties against each other. The spouses have little control over the process and issues are resolved by the court, not the parties themselves.

Mediation is a cooperative process that addresses the individual needs and goals of each spouse. A mediator, who is a neutral third party, meets with the couple and assists them in coming to their own settlement agreement. The spouses maintain control over the outcome.

Benefits to Mediation

There are benefits to the couple and to their children by using the mediation process.

A neutral mediator assists the parties in making their own decisions. The neutral mediator, without taking sides, guides the parties so they can come up with their own solutions to the issues, including resolution of:

  • Division of assets and liabilities
  • Child custody
  • Child visitation
  • Child support
  • Spousal support

Mediation is a non-adversarial process. The process is not an adversarial one and the focus is on solutions to how they will live in the future. The couple learns to communicate their individual needs, explores reasonable options and make informed decisions that will benefit the entire family.

Mediation saves time and is cost-efficient. The parties are able to control the time it takes to resolve their issues if they are prepared for meetings and are able to settle their issues. The fewer meetings there are the less the cost.

Reduces stress. Since the parties are working toward resolution and achieving their goals, there is less stress than litigation which is adversarial and increases arguments.

How Mediation Works

There are several steps to mediation:

  1. The couple meets with the neutral divorce mediator to discuss options and come to an agreement on the issues.

2. The agreement is put in writing. The parties will then be encouraged to seek the advice of a review attorney. There may be some additional changes to the terms they agreed upon after they speak to their attorneys. When the agreement is finalized it is signed, and dated by the parties.

3. The agreement is filed with the court.

4. There are additional divorce papers to file but the terms of the  agreement become incorporated but not merged into the court’s final divorce judgment.

5. Both spouses are bound by the terms of their own agreement.

If the couple cannot reach an agreement, they can still proceed with traditional litigation. If they can agree on some issues, they can put that agreement in writing and proceed to present their unresolved issues to the court for resolution.

How Long Does Mediation Take?

There is no one-size-fits-all answer to the question about how long mediation takes. Some couples know what they want, so it may only take two or three sessions. Others are unsure, and it could take months to complete the process.

Mediation can proceed faster than traditional litigation if the spouses gather all their financial information together. They should individually establish goals for their future concerning how and where they want to live, how they want to co-parent their children, and how they want assets to be divided.

When Mediation Is Not Recommended?

There are some situations where mediation is not recommended. For example:

  • If there has been a history of domestic violence or child abuse.
  • One spouse fails to fully disclose financial information and there is a suspicion that there may be some hidden assets.
  • If there are complex financial issues which could be resolved in the Collaborative Divorce process.

For more information, contact us at Rosenthal & Markowitz to schedule a consultation.

Primary Sidebar

MEET THE ATTORNEY

Sherry A. Bishko, Partner

Sherry A. Bishko

Sherry A. Bishko continues to work with firm as a full time Partner, working on matrimonial, estate planning and estate settlement matters. She was appointed to the Tuxedo Park Planning Board. She previously worked for the EPA and is on the Board of the Westchester Women’s Bar Association, and is a member of the Orange County Bar Association and the Orange County Women’s Bar Association.

MEET THE ATTORNEY

Sherry A. Bishko, Partner

Sherry A. Bishko

Sherry A. Bishko continues to work with firm as a full time Partner, working on matrimonial, estate planning and estate settlement matters. She was appointed to the Tuxedo Park Planning Board. She previously worked for the EPA and is on the Board of the Westchester Women’s Bar Association, and is a member of the Orange County Bar Association and the Orange County Women’s Bar Association.

MEET THE ATTORNEY

Linda Markowitz, Partner

Linda Markowitz

Linda Markowitz practices Matrimonial and Family Law as well as Estate Planning and Probate and Estate Settlement and Residential Real Estate . She also practices Collaborative Law in addition to negotiating successful resolutions for her clients in a more traditional negotiation process, and litigation of matrimonial and family court matters.

MEET THE ATTORNEY

Kathy N. Rosenthal, Partner

Kathy N. Rosenthal

Kathy N. Rosenthal practices almost exclusively in the areas of Estate Planning, Probate and Estate Settlement and Residential Real Estate. For 18 years she taught Wills, Trusts & Estates as an Adjunct Professor of Law at Pace University School of Law, earning the Adjunct Professor of the Year Award for 4 consecutive years.

MEET THE ATTORNEY

Sherry A. Bishko, Partner

Sherry A. Bishko

Sherry A. Bishko continues to work with firm as a full time Partner, working on matrimonial, estate planning and estate settlement matters. She was appointed to the Tuxedo Park Planning Board. She previously worked for the EPA and is on the Board of the Westchester Women’s Bar Association, and is a member of the Orange County Bar Association and the Orange County Women’s Bar Association.

  • Let’s Connect
    Call914.347.1292

From The Blog

Important Announcements Regarding 2019 and 2020 Income Taxes

We hope that all of you are safe and we in turn are doing what we can to support our clients and each other by working remotely and doing our best to meet your needs under difficult circumstances. We are “meeting” by email and phone, Facetime, Zoom and Skype.as requested. We leave information about the […]

Footer

Rosenthal & Markowitz, LLP
399 Knollwood Road, Suite 107
White Plains, NY 10603
Call914.347.1292

  • Facebook
Attorney Advertising. Prior results do not guarantee a similar outcome.
© Rosenthal & Markowitz, LLP 2001 – 2021

This web site is designed for general information only. The information presented at this site should
not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Web Design by The Crouch Group | Log in