Frequently Asked Questions
FAQ
1. Divorce Mediation is a voluntary process in which a couple uses a mediator to help them make informed decisions and develop a mutually acceptable marital settlement agreement within a confidential setting.
2. The mediator works as a neutral third party to help the couple identify issues and develop options that best meet their needs so that they can reach a settlement agreement that resolves those issues without becoming involved in litigation.
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3. Divorce Mediation promotes better communication and allows a couple to control the decisions that affect their lives. It is typically a fraction of the cost of the traditional method of retaining two attorneys to negotiate your agreement for you. And it benefits your children by reducing conflict between you, is confidential and can be completed in less time than a traditional divorce.
3. Divorce Mediation promotes better communication and allows a couple to control the decisions that affect their lives. It is typically a fraction of the cost of the traditional method of retaining two attorneys to negotiate your agreement for you. And it benefits your children by reducing conflict between you, is confidential and can be completed in less time than a traditional divorce.
4. No, once an agreement is reached, all of your legal documents can be mailed to the court to be reviewed and signed by the Judge.
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4. No. Once an agreement is reached all of your legal documents can be mailed to the court to be reviewed and signed by the Judge.
4. No. Once an agreement is reached all of your legal documents can be mailed to the court to be reviewed and signed by the Judge.
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5. Most couples reach an agreement. Part of the reason for this is that the people who use our services want to avoid a costly and hurtful court proceeding and do not want to lose control over those decisions that most affect their lives.
5. Most couples reach an agreement. Part of the reason for this is that the people who use our services want to avoid a costly and hurtful court proceeding and do not want to lose control over those decisions that most affect their lives.
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6. Unfortunately, it is hard to predict with precision how long mediation will take or how much mediation will cost. These issues depend primarily on how agreeable the participants are. Generally we meet between two and six times for approximately two hours each meeting.
6. Unfortunately, it is hard to predict with precision how long mediation will take or how much mediation will cost. These issues depend primarily on how agreeable the participants are. Generally we meet between two and six times for approximately two hours each meeting.
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7. Fantastic! The first thing that we want to do in mediation is to identify what you already agree on. We will use those points of agreement as a foundation for your overall Agreement. The standards that make sense to you on certain “easy” issues can often be applied to resolve other issues. We will want to be sure that your Agreement is well informed and that you are aware of the many issues that you may want to consider. What is included in your Agreement is up to you. Our goal is to support your well-informed decision making.
7. Fantastic! The first thing that we want to do in mediation is to identify what you already agree on. We will use those points of agreement as a foundation for your overall Agreement. The standards that make sense to you on certain “easy” issues can often be applied to resolve other issues. We will want to be sure that your Agreement is well informed and that you are aware of the many issues that you may want to consider. What is included in your Agreement is up to you. Our goal is to support your well-informed decision making.
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8. In mediation, all discussions and materials, with very few listed exceptions, are confidential. If no mediated agreement is reached, evidence of the mediation discussions, mediation materials and any draft mediation resolution will not be admissible in court or any other adversarial proceeding.
8. In mediation, all discussions and materials, with very few listed exceptions, are confidential. If no mediated agreement is reached, evidence of the mediation discussions, mediation materials and any draft mediation resolution will not be admissible in court or any other adversarial proceeding.
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9. As a mediator and attorney myself, I am ethically bound to advise you to have any mediated Settlement Agreement reviewed by individual legal counsel prior to your signing that Agreement. Many mediating parties obtain between one to four hours of individual legal advice throughout the mediation process. This legal advice may be best obtained early in the mediation, by legal counsel's review of a near final draft Agreement, and by counsel's review of the final Agreement. This level of consultation will dramatically elevate your comfort and confidence in the final agreement.
9. As a mediator and attorney myself, I am ethically bound to advise you to have any mediated Settlement Agreement reviewed by individual legal counsel prior to your signing that Agreement. Many mediating parties obtain between one to four hours of individual legal advice throughout the mediation process. This legal advice may be best obtained early in the mediation, by legal counsel's review of a near final draft Agreement, and by counsel's review of the final Agreement. This level of consultation will dramatically elevate your comfort and confidence in the final agreement.
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10. It may make sense, in a particular case, for mediation participants to retain mutually trusted experts. For example, participants may desire a trusted valuation of real property, personal property or a business. It is also not uncommon for mediating parties to choose to jointly consult with an accountant or tax expert. Mediation participants with parenting concerns may find it beneficial to obtain the thoughts and recommendations of a trusted child psychologist.
10. It may make sense, in a particular case, for mediation participants to retain mutually trusted experts. For example, participants may desire a trusted valuation of real property, personal property or a business. It is also not uncommon for mediating parties to choose to jointly consult with an accountant or tax expert. Mediation participants with parenting concerns may find it beneficial to obtain the thoughts and recommendations of a trusted child psychologist.
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11. Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by seeking clarity as to his or her desired outcomes and perceived standards of fairness. Stated otherwise, “What do you want?” and “How will you know that it is alright to agree?”
11. Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by seeking clarity as to his or her desired outcomes and perceived standards of fairness. Stated otherwise, “What do you want?” and “How will you know that it is alright to agree?”
FAQ
Tully Rinckey PLLC
Attorneys & Counselors at Law
ALBANY OFFICE - 441 NEW KARNER ROAD - ALBANY NY, 12205 - PHONE: 518-218-7100 - FAX: 518-218-0496
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