FREQUENTLY ASKED QUESTIONS
we believe that divorce is not the end, rather a transition to a new beginning. We would be honored to help you and your family with the compassion and dignity you deserve.
Don't Litigate. Mediate TM
Stephen E. Felman - President
FAQ
Is mediation private and confidential?
Yes, all of the discussions held in our sessions are informal, neutral, completely private, and confidential. Mediation offers an open forum setting to review options, consider alternatives, and develop solutions without the worry that what you say can be used against you in litigation.
Can we maintain control in the process and direction of our lives?
Yes. A mediator works with both parties in coming to mutual agreements on all issues regarding the settlement. You’ll have control over the future of your family, rather than having life components dictated by an attorney or judge.
Is mediation less costly than litigation?
Yes, mediation is far more affordable than litigation. The average cost of a litigated divorce in New York State is $29,000. We offer a simple to manage flat fee service costing only $3,000. Which eliminates any guessing game of how much it will cost in the end and turns out to be less expensive than other mediators billing by the hour. However, there will be additional expenses for legal fees and filing fees that will be part of any mediation process.
Is mediation less stressful than using attorneys?
Yes, mediation offers both parties the power and opportunity to constructively communicate in a focused and respectful environment. Agreements reached during mediation move through the court approval process much faster without the need to ever set foot into a courtroom. You can exercise control over the decisions made; after all, you know what is best for you and your children.
What does a mediator do?
A mediator is a non-biased third party who aids a divorcing couple to work through important issues on their path to a mutual agreement. The role of the mediator is to help you to explore your options in a fair and impartial environment. The mediator will draft an agreement for both parties, outlining a parenting plan, equitable distribution of assets, child support, and spousal maintenance/alimony.
Is mediation easy?
Though there is nothing particularly easy about divorce, mediation empowers both individuals to come to a mutual agreement on your own terms, rather than placing those decisions in the hands of judges or attorneys. Most importantly, divorce mediation allows you to maintain the confidentiality and personal integrity that you and your family deserve.
Benefits of Divorce Mediation:
- Confidential: Secure your privacy in a neutral forum without the stress of a trial or judicial proceeding.
- Quick: The entire process can be completed in as little as one month, and takes (on average) three-to-four sessions, whereas contested litigation can take years to resolve.
- Less Stress: Each party is allowed to direct the process on their own terms, reaching a decision that works for both parties. This approach allows us to move at a comfortable pace, improves your post-settlement relationship, and reduces the negative impact of the divorce on the parties involved.
- Cheaper: The average cost of a litigated divorce in New York State is around $29,000. Mediation is a fraction of the cost!
During the mediation process, our divorce mediator will help you make decisions about:
- Parenting Plans: Our team will help you form a parenting plan. We know that every situation is different, which is why we will help to customize an agreement that will take everyone's needs into consideration, especially your children's.
- Child Support: There is very little discretion by the court when determining which factors to use when calculating child support. We will work with both sides to discuss your circumstances and help you develop a suitable plan.
- Alimony and Spousal Support: Discuss the presumptively correct amount and tax implications of alimony/spousal maintenance.
- Distribution of Assets and Liabilities: Decide how to best distribute your assets, liabilities and division of debt.
- Other issues: Pets, extended family visitation, special needs, and health issues.
Child Parenting Plans
We'll help you and your spouse decide on one of several custody agreements. You can opt for sole legal custody, where one parent has all of the legal rights to the child, and can make decisions without informing the other.
You can also look at both physical custody, which determines where a child lives, or developing a shared parenting plan, which decides who gets the kids during what time periods.
Child Support
In Buffalo, NY, both parents are financially obligated to support their children. Child support is typically set on a case by case basis, and is financial only.
The other types of support a parent may provide - emotional, intellectual, and physical care - are not touched on. Family mediation can help address this concerns.
Alimony and Spousal Maintenance
Judged on a case to case basis, it may be the legal responsibility of one spouse to provide financial support to the other. This is done to ensure an economic balance between the two parties, and avoid unfair financial ramifications during the divorce process. Note that alimony is usually at the discretion of the state court.
Separation
In a separation, the partners remain legally married. However, the legal agreement sets out the rights and responsibilities of each party. This may include (but is not limited to) child custody and support, property division, and spousal maintenance.
Uncontested Divorce
In an uncontested divorce, our divorce mediation services are responsible to help both parties reach an agreement before going to trial. An uncontested divorce can move quickly - and it costs much less than a divorce that goes to trial.
Distribution of Assets and Liabilities
During mediation, we will help you distribute both property and debt. Note that distribution in divorces that go to trial is rarely a 50/50 split, and it's difficult to predict what a state court may do.
Please contact SMART DIVORCE and we will help answer all your questions.
We will provide you with control over the divorce outcome and your future, all while avoiding costly litigation fees and keeping you out of court. As a neutral third party, our divorce mediator may not provide legal advice but instead guides a holistic, amicable approach to your divorce.
SMART DIVORCE NY LLC. Is not a law firm and does not provide legal advice or counsel. Each party has been encouraged to be fully advised by their respective counsel regarding the legal, financial, and practical effect of any agreement entered into.