Choose the Process You Need
Litigation, Negotiation or Mediation
The courtroom isn’t a great place to visit for most people. Whether you’re dealing with a divorce order or equitable distribution, standing in front of a court full of people can make the experience even more daunting. That’s one of the reasons why so many people prefer to work with divorce mediators like Darren Shapiro to find an alternative solution for managing their marital disputes. Whether you’re discussing child custody, visitation rights, divorce, or something else to do with the area of family law, there are ways to negotiate with your partner outside of the New York and Long Island courtrooms. All you need to do is find the right professional to help you.
When an individual contacts the Law and Mediation office of Mr. Darren Shapiro to arrange their free consultation session for up to 30 minutes, they’re presented with a range of options. The client can determine whether they would like to use Mr. Shapiro as a neutral divorce mediator, a collaborative lawyer, or a divorce attorney. The kind of experience that the client is looking for will often determine the nature of their initial consultation, as attorney conversations are often one-on-one, while mediator initial discussions require the presence of both parties.
One of the options that Mr. Shapiro can offer to clients when they begin working with him is that he can draft a letter to their spouse, highlighting the fact that his office currently represents their other half regarding specific marital difficulties. This is the kind of terminology that’s common during introductory letters for divorce correspondence. In the letter, it’s possible to outline the desire for a party to resolve a divorce situation as amicably as possible, perhaps through solutions like negotiation, divorce mediation, or even collaborative law. In the right circumstances, Mr. Shapiro can ask the other party, or their lawyer, to contact the office for a discussion of their options.
The process that occurs after Mr. Shapiro reaches out to a client’s spouse could be several different things. Sometimes, the result is a correspondence between attorneys, where two professionals discuss matters on behalf of their clients. If one of the parties chooses to represent themselves (which isn’t often recommended), then Mr. Shapiro might negotiate with that spouse directly. Settlement agreements, oftentimes in the form of a separation agreement (when it is done prior to the filing of a divorce) can also be drafted at this early stage in the divorce process, and this is often an excellent solution for parties interested in making an application for uncontested divorce. Alternatively, a divorce may be filed directly and settled in full using a stipulation of settlement.
Depending on the relationship in question, it’s possible for some parties to decide that they would like to remain separated for a while before they move on with their divorce. From that point, lawyers will be able to negotiate the language of a separation agreement with the parties and submit a package for an uncontested divorce with the courts when the time is right. Although it is possible to get divorced right away after a separation agreement is signed. The agreement just becomes the settlement agreement for the divorce.
When Mr. Shapiro contacts the other party on the behalf of his client, he also has the option to mention that the person he is working with is open to the concept of divorce mediation. In the letter, he can say that as an attorney for the other spouse, he can also take a step back and allow the couple to choose an alternative divorce mediator that suits their needs. In this case, Mr. Shapiro could continue to act as a review attorney for his client, helping with preparation for mediation sessions, and debriefing after each session, preparing for the next session and when negotiations are complete. Mr. Shapiro can also help by reviewing or drafting settlement agreements for his clients when they work with a mediator. Mr. Shapiro, the other lawyer, or the mediator (if they are a lawyer too) will then be able to submit an uncontested divorce package to the court following the agreement of the parties.
In some circumstances, there may also be an option to discuss collaborative law in the letter sent to the other spouse. In this case, Mr. Shapiro would use his correspondence with the other party to suggest that the spouse is open to the concept of collaborative law, if that’s the case, and explain what collaborative processes would look like for the couple involved. He could also point out that he is trained in collaborative law at this time.
There are many different routes available to take in the divorce environment. Some clients will want to have the impact that comes with filing for a divorce and serving their former spouse with papers. In this case, Mr. Shapiro would be able to support his client with this process. Sometimes, his client may even need assistance with bills, which means that they can’t wait for resolutions to occur through negotiation. During these cases, Mr. Shapiro can discuss options like the filing of a Pendente Lite motions for child support and/or maintenance while the case is pending.
To discuss your options for divorce in-depth, contact Mr. Shapiro’s at your leisure on (516) 333-6555 to schedule your initial consultation (up to the first half hour is free).