How Can an Attorney Help During a Mediation?

When two parties have a legal disagreement, going to court is the next step that most assume should be taken. Potential clients may believe that a day in court with attorneys and a judge present is the best option. While that does occur, mediation is sometimes a more viable and less costly alternative. If the parties are able to maintain civility and respect for one another, mediation cuts the costs of litigation, which can amount to tens of thousands of dollars. Florence M. Fass and Elena L. Greenberg have extensive experience in both the litigation and mediation arenas. In addition to their extensive mediation training, they each have 35 years of courtroom experience. Their combined training and skills make them the ideal Garden City NY family law attorneys for mediation clients.

What is Mediation?
Mediation is an alternative process to resolve disputes where the two parties try to come up with a solution with the help of a neutral third party. Although not necessary, it is recommended that a mediator have a legal background to ensure an agreement is legally binding. Mediators at Fass & Greenberg are familiar with the laws of New York and can offer guidance in the areas of family law, such as child custody, support and asset distribution to help the parties reach an agreement.

Why Should You Hire Us as Your Mediator?

A variety of questions can arise during mediation. One common question is about confidentiality. In New York, the Court of Appeals confronted this issue of mediator confidentiality in Hauzinger v. Hauzinger, 10 N.Y.3d 923 (2008). In this case, during a divorce action, the wife wanted to disclose information which was discussed by the parties during a prior mediation. The husband opposed this disclosure. The court ruled that since the husband had signed a waiver releasing the mediator from maintaining confidentiality, no confidentiality existed. The attorneys at Fass & Greenberg can help address these and other issues which may arise during the mediation process. Contact our office to get started on your case today.