Healthy Alternatives to Expensive, Combative Litigation
In recent years Mediation of conflicts has grown significantly in popularity as a highly cost-effective, time-effective and emotionally effective means to resolving commercial and matrimonial disputes. When skillfully managed, mediation potentially offers parties in conflict the most efficient, affordable and tolerable path available to resolve their conflicts.
What is Mediation? Essentially, it consists of a moderated, organized dialogue between or among disputing parties, whose goal is to achieve a fair and workable resolution of their differences away from the tense, more formal and often inhospitable atmosphere of the courtroom. A Certified Mediator, who has studied and understands the goals and concerns of both parties, structures and facilitates the dialogue. The Mediator works with the parties, both separately and together, to ensure that each party understands the other’s views and, especially critically, the realities and risks underlying their respective positions.
Stephanie R. Cooper is a certified mediator with over 30 years of mediation experience. By nature preferring resolution to conflict, she began her study and practice of Mediation as a third-year law student – training, earning certification and thereafter working actively for the renowned Mediation Clinic at the Benjamin N. Cardozo School of Law, from which she was graduated with honors. Committed to the benefits of the mediative approach, she was featured in a front-page article in the New York Law Journal, which highlighted her successes as a mediator for the Brooklyn District Attorney’s Office. In our firm’s mediation practice Ms. Cooper and our other certified mediators explore all available opportunities to find the middle ground between and among the interests of the parties for whom we mediate. We pride ourselves on helping our clients to find their way to achieving creative, gratifying and mutually acceptable resolutions they were unable to achieve – or even contemplate – on their own.
What is Collaborative Law? Some of our clients choose to take advantage of our Collaborative Law services. This hybrid form of mediation includes attorneys, who represent each party. The collaborative attorney must be a certified mediator; the attorneys and parties converse with the one another in a series of four-way meetings dedicated to finding resolution without court intervention. (The parties can decide at the outset the number of sessions they will dedicate to the process, thereby containing the expense.) This alternative to conventional mediation is especially useful where one party has difficulty expressing his/her position in front of the opposing party or where either feels disadvantaged by the other party’s aggressiveness or dominance in their communications.
Both processes –standard Mediation and Collaborative Law – are entirely confidential and continue only as long as both parties are satisfied and agree to proceed with their efforts.
Our Mediation and Collaborative Law services include:
- Divorce (also known as “no-court” divorce) and Separation
- Matrimonial Separation and Settlement Agreements
- Custody, visitation, support and other family law issues
- Post-divorce (“post-judgment”) issues
- Sibling disputes, elder and probate issues
- Prenuptial (“Prenup”) and postnuptial (“Postnup”) agreements
- Contractual and commercial and other business disputes
- Intellectual property and licensing disputes
- Business partnership and corporate governance issues
- Workplace conflicts