Divorce Mediation

DIVORCE MEDIATION

The Law Office of Rosemarie Bruno provides Divorce Mediation services to
couples who are seeking a divorce or legal separation without having to go to
court. Couples who choose Divorce Mediation have issues they need to work out
and wish to resolve those issues with the help of a neutral mediator instead of
going to court and having a judge make those decisions for them. If you and your
spouse have both decided to end your marriage through a divorce or you both
want to obtain a legal separation, and you wish to do so through a process that will
minimize the costs and the negative impact on your family, then mediation may
be the best choice for you.

Mediation is well-suited for couples who are willing to work together with a
mediator to resolve their differences. Couples who choose Divorce Mediation must
be willing and able to express their needs and desires. Mediation requires open,
honest communication by both participants. The participants do not have to agree
on all of the issues before entering into the process, but they must be willing to be
open-minded about the options for resolution of those issues.

If you believe Divorce Mediation is a viable option for you, contact the Law Office
of Rosemarie Bruno. We have several affordable mediation packages available to
suit your needs. Contact us today at (631) 979-3480 to arrange a free
consultation with you and your spouse.

DIVORCE MEDIATION BASICS

What is Divorce Mediation?
Divorce Mediation is a process in which a neutral person(s) facilitates
communication between the participants (the couple), and, without deciding the
issues or imposing a solution on them, helps them to reach a mutually agreeable
resolution to the issues in their divorce.

What is the Role of the Mediator?
The mediator acts as a facilitator, not an advocate, judge, jury, counselor, or
therapist. The mediator assists the participants in identifying issues, reducing
obstacles to communication, maximizing the exploration of alternatives, and helps
the participants reach a voluntary agreement.

How Does the Mediator help the Participants Reach an Agreement?
The mediator guides the participants' conversation and discussion of issues that
are important to them. The mediator will assist the participants in assessing the
strengths and weaknesses of their potential solutions. The mediator will not tell
the participants what to do or suggest a particular outcome.

How Does the Mediation Process Work?
The process will include at a minimum, an opportunity for both participants to be
heard, the identification of issues to be resolved, the generation of alternatives for
resolution, and, if the participants reach an agreement on all the issues, the
development of a Separation or Settlement Agreement.

What About Confidentiality?
All memoranda, work product and other materials contained in the case files of
the mediator and the couple's case are confidential. Any communication made in,
or in connection with, the participants that relates to the controversy, including
screening, intake, and scheduling a session, is confidential.

Do Both Participants Have to Exchange Information?
Both participants to the mediation are expected to be open and honest throughout
the mediation process. Participants are expected to disclose all information
relative to the issues so that any agreement reached between the participants is
made by fully informed participants.

How Do I Know My Side Will be Heard?
Both participants to the mediation are expected to respect the rights of each
other. Both participants play an equal part in the mediation process. To that end,
each participant is asked to allow their spouse to speak without interruption,
express his or her feelings and opinions without judgment, and to be open-minded
to the ideas and solutions generated by the other spouse.

Can The Mediator(s) Give Me Legal Advice?
No, because the mediator acts as a neutral, the mediator cannot give legal advice
to either of the participants. The mediator can instruct the couple during a mutual
session about the basic requirements under the state's matrimonial laws, but the
mediator cannot provide either spouse actual advice on the legal ramifications of
those laws on the individual participant. Each spouse is encouraged to seek the
advice of independent legal counsel at any time they have a concern about their
legal rights. Because any mediated matrimonial agreement will affect the legal
rights of both spouses, each spouse should have any Separation or Settlement
Agreement generated through the mediation process reviewed by independent
counsel prior to signing the agreement.