MEDIATION

SmolenPlevy has assisted people going through separation and divorce for more than four decades. Mediation is different from representation or litigation. Mediation is a form of alternative dispute resolution, involving a process through which parties reach binding decisions. Here is a brief overview of how SmolenPlevy conducts mediation.

What to Expect

Mediation helps parties avoid the time, stress, and emotional upheaval of litigation. The goal of mediation: Help separating parties stay out of court by fashioning a binding agreement that is fair, reasonable, and workable.

  • A mediator can explain the law, but does not take sides between parties.
  • Mediation may require multiple meetings, depending on the issues that need to be decided and the parties’ willingness to compromise.
  • Mediation takes as long as necessary, ending with either an agreement or stalemate. But mediation is usually faster than litigation, since it doesn’t depend on the court to conduct a trial.
  • What the parties say to a mediator is generally not admissible at trial.

Our Approach

SmolenPlevy offers mediation for parties in a wide range of circumstances: married people who own businesses, childless couples, parents and co-parents, unmarried people living together, and even roommates.

  • When SmolenPlevy is engaged for mediation, we serve as an impartial facilitator to help you stay out of court.
  • Unlike in litigation, where eventually the fate of each party, their children and their finances are decided by a judge, SmolenPlevy can meet with the parties in person, via Zoom, or even over the phone and help them make these decisions
  • Prior to meeting, the parties will be asked to provide basic financial information,  including disclosure of their assets and liabilities.
  • During these meetings, the parties can be accompanied by their respective attorneys — or not — depending on their preference. We explain the process, then listen to each person’s description of their situation. At different points in the discussions we might separate the parties into two rooms.
  • We help parties look “outside the box” to see potential solutions to points of disagreement.
  • At SmolenPlevy, the parties will always know where they stand on various issues at the conclusion of each meeting.
  •  We are flexible in meeting mediation clients’ needs, and we are dedicated to helping parties reach agreement and come to a successful conclusion.