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                        |  | Mediation
The Pennsylvania family lawyers of Notaro & Associates, P.C., offer affordable mediation services in Pittsburgh and the surrounding area. Bethany L. Notaro, Esquire, is a certified Professional mediator, focusing on family law matters. She was trained in Conflict Resolution and Professional Mediation at the Pittsburgh Mediation Center. Attorney Notaro advanced her training in Mediation and Alternative Dispute Resolution as well as Family Law and Professional Divorce Mediation at the University of Pittsburgh School Of Law. Attorney merges her experience as a practicing family law attorney with her background in conflict resolution to better serve clients. Notaro & Associates, P.C. offers two different mediation services. We are able to conduct the traditional mediation service, and we are able to review, draft, and complete agreements reached through other mediation services. About Mediation in GeneralMediation is frequently a positive alternative to the expensive costs litigation brings to family law matters. If you or someone you love is interested in the mediation process, the following are frequently asked questions that may help you or your loved one to understand the process better. If a divorce is handled through mediation, who makes the decisions concerning property, custody of children, or any other issues arising in mediation? The advantage to mediation as opposed to litigation is that you make the decision on how the issues that arise during the mediation are settled, rather than leaving it up to two lawyers to argue before a judge. When parties chose to mediate their divorce, they are empowering themselves to make the decisions on issues that are personal to them. The mediation process also allows couples to determine what issues are important to them, and to set up their individual mediation based on those factors. A mediator's role is not to make decisions for the parties. Rather, the mediator is there to facilitate the decision-making process and negotiations for a fair agreement. In particular, a mediator who is also a divorce lawyer can facilitate productive negotiation on the right topics in family law. If I choose to mediate, Do I have to hire a lawyer? Through mediation, the parties can come to agreements regarding many issues that may arise. With the permission of both parties, a mediated settlement agreement can be drafted. However, because Ms. Notaro is acting as attorney-mediator, she is not able to represent either or both parties should they turn to litigation. Additionally, it is recommended that if either party questions the fairness of the agreement, they seek the guidance of an attorney outside of the mediation. An independent attorney can provide a helpful service from a "non-neutral" view on a party's behalf. What happens if the mediation turns into fighting? Parties who chose to go through the mediation process should make a strong effort to work through the process in a constructive manner. However, it is natural that parties may be tempted to fight a little when discussing heated issues, especially as they are speaking to each other and not through attorneys. Mediation offers a neutral setting for parties to decide these issues with a mediator there to act as an intermediary through the process. Bethany L. Notaro, Esquire has extensive training in conflict resolution, and can help the parties to make the process as constructive as possible. What are the differences between a mediator and a mediator who is also a lawyer? Both individuals are usually trained in SOME form of mediation, however their training may differ widely. An attorney-mediator has obtained a juris doctorate degree from an accredited law school in addition to their training in mediation. A mediator who is also a lawyer can provide important information regarding Pennsylvania Law that mediators who are not able to practice law do not have. Also, an attorney-mediator is able to draft the mediated agreements or memorandums in a way to ensure they can be easily interpreted by other attorneys and the Court. It is important to note that an attorney-mediator does not represent either party individually or collectively and cannot serve as the attorney for either party should litigation arise. However, a mediator who is a lawyer can help the couple understand what a court typically does in their own particular situation. Does mediation cost less than divorce? In most cases, the answer is yes. Mediation allows the parties to avoid the expenses associated with litigating the matter in court. There are some costs that are required for every divorce, such as the costs of filing; however, a couple that chooses mediation will avoid many of the additional fees that a litigated issue will incur. When a party chooses to obtain a lawyer to litigate and/or negotiate their divorce, the attorney will bill for each correspondence, phone call with the client or opposing counsel, document drafted, and any other incrementally billed occurrence. Any time an attorney works on your case they will bill the time directly to you. Suffice it to say this fee can add up quickly. Additionally, if each party hires their own attorney, these fees are doubled. Mediation can expedite the negotiation process, and can be tailored to ensure that the issues important to each of the mediating parties are covered. What do I need to do to be prepared for mediation? Before the mediation occurs, we provide both parties with a set of documents to assist them in gathering the information needed for the mediation to be successful. This usually includes the marital value of assets, custody schedules, and proof of income if support is an issue to be handled during mediation. Is mediation faster than a traditional divorce? In most cases mediation is faster than the adversarial divorce process. Depending on the couple's level of preparation and the number of issues to be mediated, mediation takes a minimum of two hours, and varies in the number of sessions ultimately needed. Independent of the mediation process, a one count, no fault divorce takes a minimum of 90 days from the date of acceptance of service. I am worried my children will have to be a witness in court if I litigate the matter, can custody issues be handled in mediation? Yes, custody issues are frequently determined through the mediation process. This provides both parties with a comfortable and neutral setting to talk about custody and determine what is best for their situation. Custody litigation can be an expensive and painful experience for parties and children alike. Through mediation parents can establish an agreement that works best for their children without having to put the kids in the middle of their legal battle. Can an agreement for child support be reached through mediation? Absolutely, parties can determine a fair number for the support obligation during mediation. As an attorney-mediator, Bethany L. Notaro, Esquire is able to estimate child or spousal support based on income and expenses. Because Ms. Notaro is an attorney-mediator, the figures she computes are often very similar to the amount established if the matter would have gone through the court system. Is mediation right for me? Mediation is a terrific alternative for most parties, but it is not for everyone. Couples who have a history of domestic violence are not the ideal candidates for mediation. The mediation process is meant to empower each individual to voice their concerns and desires in a comfortable way, and a spouse who has experienced domestic violence may not feel as though they can confidently address their issues in this environment. To learn more about the mediation process or to schedule a FREE INITIAL CONSULTATION, please contact our office. Notaro & Associates, P.C. | |
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