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Mediation
INTRODUCTION TO SEPARATION AND DIVORCE MEDIATION
Mediation allows the parties to end their marriage with dignity. It is very different from the adversarial process of litigating in court. Court often leaves parties frustrated by the time-consuming, emotionally-torturous, very expensive, complex process of obtaining a legal separation or divorce. Mediation is an alternative to this litigation nightmare. It is a form of conflict resolution, allowing parties to determine their own terms and conditions of separation or divorce. Our firm is open seven days a week, some days until 10:30 PM to meet your needs. We work within any reasonable time-frames. Our role as mediators is to facilitate the negotiations between spouses, so that they may arrive at an agreement, which works for both parties. Mediation gives its participants control. In mediation, both parties win. It is far easier for mediating parties to maintain a civil relationship, both during the process and afterwards, than it is for litigating parties. Aniella Russo has been a practicing matrimonial attorney since 1992 and a divorce/family mediator since 1997. In addition to her legal training and mediation training, she has undergone training as a parent coordinator.
WHAT TO EXPECT AT THE INITIAL CONSULTATION
The initial consultation is an informal meeting among the mediator and the two potential participants. At this meeting, the mediator explains her role, the process of mediation, the general issues covered in the process, and fees. The mediator then answers the potential participants’ questions in connection with the process. At no time will the mediator provide legal advice to the participants. This first meeting is generally thirty to forty-five minutes in length. The potential participants are not given any papers to sign or asked to make any decisions or commitments at this first meeting. Soon after this meeting, the potential participants will receive by e-mail or regular first class mail a proposed retainer agreement detailing the financial arrangements for the proposed mediation. If the potential participants wish to commence the process, they may either return the signed retainer agreement by first class mail or call the office for an appointment and bring the signed retainer and check to the first mediation session.
THE MEDIATION PROCESS
Mediation is conducted face to face. The mediator cannot compel either party to participate in the process; both parties must voluntarily participate. Your matter will be handled directly by Aniella Russo, an experienced mediator. Her role is that of neutral facilitator of your negotiations. She may provide factual information to assist you, but participants in mediation make their own decisions. She may also tell you about solutions that have worked for other parties in similar circumstances. Under no circumstances will she provide legal advice or represent either party against the other. The mediator cannot give participants any legal advice in connection with their decisions and the ramifications and consequences of those decisions. However, the mediator may provide you with copies of the Domestic Relations Law of New York State. At the end of the mediation sessions, the mediator will provide the participants with a written draft of their agreements. If the parties are separating, then the agreement is called a Separation Agreement and is filed with the County Clerk. If the parties are divorcing, then the agreement is called a Stipulation of Settlement and is part of the uncontested divorce packet, which the mediator may prepare, and file with the court clerk.
COMMERCIAL MEDIATION
This process provides participants and their attorneys the opportunity to resolve complex commercial disputes through negotiated settlements with less time, less expense, and less disruptions to their businesses than they would experience through the normal adversarial process of court litigation. Commercial mediation offers its participants the additional benefits of confidentiality, the generation of tailor-made agreements, and the possibility of continuing their business relationship with each other after the mediation. Aniella Russo is a trained commercial mediator, prepared to assist commercial litigants to identify and explore their issues and concerns and to work with them to develop a mutually agreed-upon resolution, creating a win-win outcome.
FEES
Our fees are competitive. The mediation sessions are charged on an hourly basis, prorated according to the time used. The preparation of the uncontested divorce packet is done on a flat fee basis.
OTHER TYPES OF MEDIATION
In addition to matrimonial mediation, this firm offers mediation services in connection with other intrafamily disputes, pre-marital matters, parent coordination, and post-divorce disputes as well as consumer and commercial mediation.
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Please note that most online map sites and GPS devices provide erroneous directions to our office. Although our street is called Rabro Drive, to locate us using a GPS device or online map site, you must list our address as 300 Rabro Drive East. However, the street signs indicate that we are located at the intersection of Rabro Drive (east of Route 111) and Fell Court.
Park by the east entrance of the building (facing Fell Court). Enter the building through the set of glass doors into the hallway. Then, once in the hallway, enter the reception area of Afran & Russo, P.C. through the set of glass doors on the left. You will see the receptionist at her desk, who will let us know that you have arrived for your appointment.
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PHONE: (631) 582-5753
FAX: (631) 582-5754
EMAIL: Aniella@afranrussopc.com
Neil@afranrussopc.com
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