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  • Susan E. Herzog Bio
  • Emily S. Jonas Bio

1. Both parties must be willing to consider divorce mediation.


2. Together, the parties consult with a mediation professional ( we work separately or as a team) to determine whether mediation is the right process for them. Some cases are not appropriate for mediation.


3. If the parties choose mediation, they sign an Agreement to Mediate and receive a copy of the Rules of Mediation.


4. In divorce mediation, the mediator helps the parties discuss all issues relating to the dissolution of their marriage, including but not limited to:
• Property Distribution
• Tax Considerations
• Division of Assets
• Division of Debts
• Marital Residence
• Maintenance (Spousal Support)
• Life Insurance
• Health Insurance
• Custody
• Parenting Plans
• Child Support
• College Expenses
5. The mediator facilitates communication between the couple and helps them resolve these issues as well as any other issues that may arise.


6. Mediation is a confidential process. Unless otherwise dictated by the law, the mediator will not testify in court if the couple decides to terminate the mediation process. This is an important component to the success of the mediation process as it is crucial for both parties to feel that they can be completely open and honest and that whatever is said will be held in strict confidence.


7. The mediator can inform the parties of general principles of matrimonial law, but may not take sides or recommend any specific outcome. She helps the parties develop options and explore creative solutions but, it is up to the couple to choose what is best for both of them and their children.


8. The parties are encouraged to have their own review attorney to consult with throughout the mediation process and before they sign any agreement.


9. At the end of the process, the attorney-mediator can draft the Separation Agreement, upon request of the parties. Alternatively, the parties may choose to have an outside attorney draft the Agreement.


10. The mediation is conducted in accordance with the Professional Standards and Ethics of the Association for Conflict Resolution, Family Section, and the Model Standards for Divorce Mediation, as determined by The Family and Divorce Mediation Council of Greater New York, Inc.


11. During the mediation, either party or the mediator can terminate the process at any time and for any reason.


12. The Separation Agreement is a legal document which spells out the terms of the parties' agreement. Once it is signed and notarized, the Separation Agreement becomes a binding contract, which is later incorporated but not merged into the Judgment of Divorce.
13. Once the Separation Agreement is signed, the attorney-mediator can draft a set of uncontested divorce papers. The uncontested divorce papers can be filed with the Court once they have been signed by both parties (unless the parties have to wait because they are divorcing after living separate and apart for one year pursuant to the terms of a separation agreement).

1. A power imbalance between the parties resulting in one party feeling afraid to express his or her needs;


2. Domestic violence;


3. Substance abuse;


4. A party who feels threatened or coerced; and


5. Any other issue that arises which the mediator determines makes the case inappropriate for mediation.

White Plains Divorce Mediator and White Plains Divorce Mediation