| Collaborative
Practice |
1. What Is the Difference Between Collaborative
Law and Mediation?
2. What Is the Difference Between Collaborative Law
and Having Attorneys Negotiate a Settlement?
3. What If My Spouse Will Not Disclose Assets?
4. Do I Have To Get a New Lawyer If I Litigate?
5. What Will Collaborative Law Cost? |
| Interdisceplinary Collaborative Team Divorce |
1. How Do We Choose the Team Members?
2. I Already Have a Therapist. Why Do I Need a Coach?
3. Can’t My Child’s Therapist Speak for Her?
4. This Team Approach Seems like a Good Idea, but I’m Afraid it Would Be Too Costly? |
| Mediation |
1. Do The Parties Need a Lawyer?
2. Who Attends A Mediation?
3. Is Mediation Mandatory?
4. Why Do Mediation?
5. What Qualities Do You Want In A Mediator?
6. Misconceptions About Mediation |
| Elder Care Mediation |
1. My Mother Is In The Early Stages of Dementia. How Can She Be A Party To This?
2. Where Would The Mediation Take Place?
3. If I Suspect Abuse, Can I Still Mediate?
4. Who Can Attend A Mediation? |
| Trust &
Estate |
1. Do I Need a Will If All of My Assets Are Held
with My Husband?
2. As a Single Person Why Would I Need a Will?
3. Do I Need a Living Trust?
4. Does Everyone Need a Living Will and Health Care
Proxy? |
| Real Estate |
1. Do I Need a Lawyer for Real Estate Matters?
2 . What Does an Attorney Do In Real Estate Matter?
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| Collaborative Law |
What
Is the Difference Between Collaborative Law and Mediation?
Both Mediation and Collaborative Law are non-adversarial alternatives
to obtain a divorce, but in Collaborative Law you will have your
own attorney act as your advocate while in mediation you advocate
for yourself directly with your spouse. This makes Collaborative
Law more appropriate for people who feel they do not want to "be
alone" with their spouse or feel they do not wish to speak
to their spouse and advocate on their own behalf.
What
Is the Difference Between Collaborative Law and Having Attorneys
Negotiate a Settlement?
In Collaborative Law the attorneys are trained to help the parties
reach their own resolution with a focus on defining mutual interests
and resolving the issues in a way that meets the interests of both
parties. In more traditional negotiations, the attorney will work
to get the best possible deal for his or her client based upon the
party’s (or the attorney’s) stated goal. That goal may
not even meet the interest of the client, no less the other spouse
or the family. Even in the friendliest of more traditional settlement
negotiations, threats may be made and positions may be taken which
make it more difficult for the parties to co–parent together
after the divorce.
What
If My Spouse Will Not Disclose Assets?
The Collaborative Law Agreement will provide that the parties must
give full and complete financial disclosure. If your spouse refuses
to do so, the Collaborative Process will have to end.
Do
I Have To Get a New Lawyer If I Litigate?
Yes, you will need to begin the process with a new attorney. Because
the policy requiring that the attorneys withdraw upon commencement
of a litigation is one of the essential aspects of Collaborative
Law, you must carefully consider this before deciding to use Collaborative
Law to settle your case. If a settlement is not reached, you will
incur the expense of new attorney, as will your spouse.
What
Will Collaborative Law Cost?
As with any process involving negotiation, it is not possible to
state with certainty what the fee will be. Each attorney will bill
his or her client individually. Attorneys fees, as well as the fees
of any evaluator, coaches or therapist, will be discussed and apportioned
as you and your spouse agree.
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| Interdisceplinary Collaborative Team-Divorce |
How Do We Choose the Team Members?
You can be introduced to the concept by any of the professionals, but it is suggested that the attorneys be retained early in the process. You can choose the other professionals who have been trained in the Interdisciplinary Approach through the website of the New York Association of Collaborative Professionals.
I Already Have a Therapist. Why Do I Need a Coach?
Coaching is not therapy. It is a very targeted, short term process where you can raise concerns about the process, such as talking to your spouse or your fears for the future. Your coach will address these concerns solely for the purpose of teaching you ways to deal with them and be able to effectively participate in meetings through using role plays or teaching you techniques you can use in the sessions to make you feel more comfortable.
Can’t My Child’s Therapist Speak for Her?
Since collaborative practice involves open sharing of information, it would be inappropriate for the child‘s therapist to be part of the process.
This Team Approach Seems like a Good Idea, but I’m Afraid it Would Be Too Costly?
It is difficult to address what might be “too costly". Certainly, the cost of litigation, both in emotional and financial terms is an enormous expense, as is hiring attorneys to perform jobs for which others are more qualified and can do at a lesser rate. The time wasted in four way sessions where clients continue to be “stuck” on divisiveness in spite of their attorneys best efforts to keep things moving along is also a wasteful expense. |
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| Mediation |
Do
The Parties Need a Lawyer?
During the mediation process itself, the parties will not need an
attorney, but they are free to consult with an attorney either before
or during the process if they feel that they want legal advice.
The Mediator will not be acting as a lawyer for either party and
cannot provide legal advice. Also, the parties may agree to bring
attorneys to the Mediation sessions, but that would increase the
cost of your Mediation. At the end of the Mediation, and depending
upon the type of Agreement that is reached, it may be recommended
that the parties review the agreement with their own counsel before
they sign the agreement.
Who
Attends A Mediation?
All parties who are necessary for the decision making process must
be present. In addition, as long as all parties and the Mediator
agree, an individual may bring someone to the mediation for purposes
of support or advocacy.
Is
Mediation Mandatory?
No. Mediation is a voluntary process, and both parties must agreed
to mediate.
Why
Do Mediation?
1. Mediation not only saves on the financial and emotional cost of
litigation and on the increasing length of time it takes to complete
a litigation, but it is particularly well suited in conflicts in
which the parties will have an ongoing relationship, such as parents
raising a child together, neighbor disputes or employment disputes.
2. Mediation can save money,
time and effort and eliminates the uncertainty of results.
3. Mediation provides an opportunity
for everyone to meet one another, share thoughts and understand
one another’s position.
4. Mediation allows the parties to vent.
What
Qualities Do You Want In A Mediator?
1. Sincerity.
2. Unbiased outlook.
3. Good listener.
4. Patient.
5. Experience as a
mediator.
6. Experience in the
subject matter.
Misconceptions
About Mediation
1. The mediator decides the settlement reached by the parties. To the
contrary, any agreements that are reached are made by the parties.
2. The parties are too far apart
to mediate. All parties in conflict have different points of view,
but common interests can be found.
3. Mediation can only be done after a lawsuit is filed. Mediation can
be done at any point but generally serves to avoid litigation so
it is most commonly begun before other types of conflict resolution
are used.
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| Elder Care Mediation |
My Mother Is In The Early Stages of Dementia. How Can She Be A Party To This?
The mediator will screen for the capacity to mediate to insure that the party understands the nature of the mediation process, assess options and make and keep an agreement. However, capacity is not an “all or nothing” phenomenon, and capacity can fluctuate over time. The mediator will strive to enhance a party’s capacity so that the mediation can involve the elder person even if she is not always completely lucid. For example, it is likely that a person has periods in the day when she is more clear, and the mediation would be scheduled during such periods.
Where Would The Mediation Take Place?
In consideration of the health issues of the elder party, the mediation can occur in the home or at a nursing home facility. The paramount issue is that the elder party is comfortable and at ease.
If I Suspect Abuse, Can I Still Mediate?
In any case where there is concern that an elder person is the victim of abuse, the appropriate authority should be contacted to insure the safety and well being of the elder person. Once that is done, however, a mediation may occur provided that the agency permits it and that appropriate measures are taken to insure the safety of all participants.
Who Can Attend A Mediation?
It is imperative that all parties who are important to the process are present, so these mediations tend to be multi party. In addition, parties may have a support person there if they wish. For example, an elder person may want his social worker or trusted friend to help him speak on his behalf. |
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| Trust & Estates |
Do
I Need a Will If All of My Assets Are Held with My Husband?
Yes, because there may be some assets that you had before you were
married (stocks or bonds) or some other asset you may have forgotten
about. Also, you may want to make provisions in case both you and
your Husband die simultaneously. Of course, if you have children
a Will will serve to appoint who you want to be Guardian for the
children and is highly recommended.
As
a Single Person Why Would I Need a Will?
Without a Will, the assets of a person with no children and no spouse
would pass according to the following order: parents of the decedent;
siblings of the decedent; nieces and nephews of the decedent; cousins
of the decedent. This may not necessarily be the order of distributions
you desire. Also, an administrative proceeding (the Surrogate’s
Court process when a person dies without a Will) can be more expensive
and possibly more problematic for your family.
Do
I Need a Living Trust?
Under certain circumstances, it may be more desirable for you to
execute a Trust Agreement and transfer all of your assets into the
Trust. For example, if you expect a Will contest because you are
disowning someone or you have relatives who are unknown to you or
may be difficult to find to give the notice required by Surrogate
Court in a probate proceeding, the Trust will provide for the disposition
of your assets upon your death without the need for any Surrogate’s
Court procedures or notice to relatives. However, the initial drafting
of the documents and transfer of assets into the Trust may be costly
and it is possible that a Will would be a better choice for you.
Does
Everyone Need a Living Will and Health Care Proxy?
Tragically, there have been prominent cases in the news in which
young, otherwise healthy people are left in a comatose state with
no choice of recovery after an accident or sudden illness. A Living
Will is a clear indication of your wishes under such a circumstance
and a Health Care Proxy designates the person with whom you feel
most comfortable to make medical decisions on your behalf. Without
these documents, it may be costly and difficult for your family
to carry out your wishes.
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| Real Estate |
Do
I Need a Lawyer for Real Estate Matters?
While there is no requirement do so, the practice in New York State
is for buyers and sellers to be represented by counsel. Most contracts
of sale are several pages long with one or two additional riders.
Because they are drafted by attorneys, you should have someone review
and/or draft the Contract to insure your needs are met.
What
Does an Attorney Do In Real Estate Matter?
An attorney will write the Contract of Sale if you are selling and
review and amend the Contract of Sale to protect your interests
if you are purchasing. In both cases, the Contract will be explained
to you before you sign the Contract. The attorney will also review
title and attend to any title issues which arise. If you are financing
the purchase or satisfying a mortgage, the attorney will coordinate
with the lender. |
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