Frequently Asked Questions

| What is Mediation? | What is Collaborative Divorce? | What is Consulting Attorney? |

WHAT IS MEDIATION?

What is divorce mediation?

Divorce mediation involves the assistance of a neutral facilitator, who aids couples in reaching a mutually acceptable divorce agreement. In divorce mediations, all issues relating to the dissolution of a marriage are discussed, including, but not limited to: custody, parenting plans, child support, spousal support and the division of assets and debts.

Why choose mediation with a family-law attorney?

An attorney trained in family law can provide a wealth of legal information to assist couples in resolving issues. Acting as a mediator, a family-law attorney can aid a couple in reaching a legally binding agreement. A family-law attorney can also draft documents required by the court to process and finalize the divorce. The divorce process is streamlined, with all necessary steps completed under one roof. When mediating with a family-law attorney, no court appearance is necessary.

Do parties in mediation also need to hire attorneys?

The family-law attorney mediator, acting as a neutral facilitator, can provide both parties with legal information. However, the mediator cannot provide either party with legal advice. For that reason, mediators often recommend that parties retain independent consulting attorneys to assist them in the mediation process. (See “What is a consulting attorney?” below .)

What are the benefits of divorce mediation?

→ Divorce mediation provides a safe environment in which to explore options and resolve issues. By establishing an emotionally supportive environment, mediation allows individuals to explore different options and to make personal decisions about the marital settlement. A mediator helps spouses communicate more effectively with one another. Mediation also allows divorcing couples to explore more creative solutions that take their unique values and circumstances into account.

→ Divorce mediation minimizes cost and time. Mediation costs less money, because it avoids the high attorneys’ fees and costs associated with traditional court divorces. Couples also save money by retaining joint experts. A court divorce can take years to resolve, a mediated divorce can be completed within six months. While each case varies, on average, the parties meet with the mediator for three to six sessions.

→ Divorce mediation encourages the involvement of mental health and financial experts and consulting attorneys. Mediation conducted by an attorney is not therapy, but emotional issues, as well as practical ones, may be addressed. Depending on the needs of the clients, the mediator can draw upon a select field of technical and professional consultants — tax experts, family therapists, financial planners, appraisers, etc. — to develop thorough, well-rounded solutions to complex issues.

→ Mediation helps maintain future relationships with spouses and families. Mediation allows individuals to obtain a divorce without destroying themselves, their spouse and their children in the process. Especially when children are involved, mediation recognizes the need for divorcing parents to maintain future relationships. Even in marriages where there are no children, mediation allows couples to separate with mutual respect. Studies show that divorcing couples who reach a mutually satisfactory agreement are more likely to honor those agreements and less likely to go to court in the future than those who divorce in a traditional court setting.

→ Mediation can resolve post-judgment disputes. Mediation offers a post-divorce process in which previously divorced couples may change their agreements, settle new disputes or modify custody and support issues. Because couples and families often experience transitions and rarely remain static through time, mediation allows for more flexibility in post-divorce disputes. These disputes are settled in an environment which is as equally collaborative as that of the original, mediated divorce.

Why choose Wendy Landes as mediator?

Landes has practiced family law for 20 years with 11 years’ experience devoted to handling high- and low-conflict divorce mediations. With a background in family-law litigation, Landes has firsthand knowledge of how damaging the traditional divorce process can be for families. She believes strongly in the superiority of mediation and collaborative-law processes, and she has distinguished herself as a leader in the fields of family law and alternative dispute resolution.

Landes can also assist clients in selecting other professionals, when appropriate, to help resolve concerns unique to each case. She is compassionate and creative in approaching challenges and in helping divorcing couples reach mutually beneficial solutions.

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WHAT IS COLLABORATIVE DIVORCE?

What is collaborative divorce?

Collaborative divorce is another form of dispute resolution for couples who would like to avoid litigation but who also need strong legal representation.

Unlike a traditional divorce, a collaborative attorney works with the individual, the spouse and the spouse’s collaborative attorney to obtain a divorce agreement.

Collaborative divorce offers the option of retaining a team of divorce professionals. In addition to the attorneys, individuals can choose to include financial professionals and mental-health professionals in the process. Mental-health professionals can act as divorce coaches, a method that combines emotional support with practical techniques for coping with divorce.

In a collaborative divorce, couples and their attorneys agree in advance not to litigate. If either party breaks this agreement and goes to court, both attorneys are required to resign from the case.

What are the benefits of collaborative divorce?

→ Collaborative divorce allows medium and high-conflict couples, who might not be able to mediate, an alternative to court battles. Mediators are trained to handle high-conflict divorce with the assistance of trained mental-health professionals. Still, some couples may not feel sufficiently supported in the mediation setting and would prefer attorney representation from the start. Collaborative divorce is the right choice for these couples. Collaborative divorce provides many of the benefits of mediation and avoids the need for a litigated divorce.

→ Collaborative divorce allows both spouses to attempt to reach a settlement without the threat of being taken to court. Collaborative divorce requires that both parties and their attorneys enter into a stipulation. This stipulation requires the attorneys to make every effort to resolve the matter out of court. If the matter does go to court, both parties’ collaborative attorneys must withdraw from the case. In this way, collaborative law acts as a deterrent against escalating the conflict to litigation.

→ Collaborative divorce, while more expensive than mediation, is generally less costly and less time-consuming than litigation. Collaborative law requires both spouses to retain counsel individually, which means it is usually more expensive than mediation. However, collaborative divorce still avoids many of the high costs associated with court divorces. Specifically, couples are able to save money by retaining joint experts.

→ Collaborative law is generally less time consuming than litigation, because parties do not have to contend with the congested court calendar and delays that are most often part of litigation.

Why choose Wendy Landes as collaborative attorney?

Landes has received extensive training in collaborative law and has significant experience with this relatively new process for divorce resolution. She can assist couples in selecting an experienced, well-rounded team of professionals for the collaborative process. Landes has also distinguished herself as a leader in the fields of family law and alternative dispute resolution.

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WHAT IS CONSULTING ATTORNEY?

What is a consulting attorney?

A consulting attorney assists clients on an as-needed basis to negotiate a divorce settlement. A consulting attorney can be a great asset to an individual seeking limited legal assistance.

Traditionally, obtaining legal representation in a divorce requires a large retainer fee for an attorney who would handle all aspects of the divorce process. A consulting attorney eliminates the need to retain such an attorney, thus dramatically reducing the cost of legal representation in divorce.

A client in mediation can meet with the consulting attorney at any stage of the process. The attorney serves as an expert who aids the client in reviewing mediation discussions, in communicating with the mediator and in reviewing interim or final mediation agreements.

The limits of the consulting attorney’s representation are established by the parties in an initial retainer agreement known as a “limited scope agreement.”

What services can a consulting attorney offer?

A consulting attorney can be hired to support a client in the following ways:

- To assist in determining the client’s objectives with regard to property division, spousal support, child support or child custody
- To assist the client in making proposals or in determining if current proposals meet the client’s objectives
- To assist the client in selecting a team of experts, such as tax advisors, estate planners, property appraisers, mental health professionals, etc.
- To review agreements and verify that provisions conform to the client’s understanding
- To prepare written agreements formalizing mediated resolutions
- To alert clients to matters not properly addressed in mediation
- To prepare court documents in obtaining a judgment of dissolution
- To negotiate through letter writing on behalf of the client, through attending mediation sessions and through discussing matters with the mediator or opposing counsel

Why choose Wendy Landes as consulting attorney?

Landes has extensive experience working as consulting attorney to individuals in and out of the mediation process. As an attorney trained in mediation, she is aware of the needs of both parties in mediation and is able to offer support to the client and strengthen the mediation process itself.

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