Overview
Mediation is a type of negotiation facilitated by a neutral third party called a mediator. A mediator has no decision-making authority. Rather, the mediator acts only as a facilitator, helping the parties negotiate a resolution. With the assistance of the mediator, the parties identify issues, clarify perceptions, and explore options for a mutually acceptable outcome. The mediation process frequently concludes with a settlement agreement. However, even in instances where no agreement is reached, the parties usually still benefit from having participated in the process; often the perspectives gained during mediation help the parties reach a final agreement after the case returns to the traditional litigation process. In addition, the process almost always improves the parties’ ability to communicate with each other in the future.
The Program mediators engage the parties directly in the mediation process to empower them to be more active and involved in reaching mutually acceptable resolutions. Throughout the mediation process, the parties take lead roles in attempting to reach a favorable outcome. The Program encourages the participants to have their attorneys accompany them to the mediation sessions. Whether a party opts to have their attorney present or not, the attorneys take on more of an advisory role in the process but remain an integral component to ensuring a successful outcome.
The Matrimonial Mediation Program is open to parties who have a contested divorce case pending in Suffolk County. The assigned judge screens each case for possible referral into the Program, and decides whether to refer a case to mediation. Most cases are sent to mediation, however, cases involving allegations of domestic violence, child abuse or neglect, or a severe power imbalance between the parties, may not be appropriate for mediation and therefore would, in most instances, not be referred to mediation. Parties referred to the Program are required to attend the initial mediation session, however, anytime thereafter should either party decide that mediation is not working they may opt out of the Program. There is no cost to the parties to attend and participate in this mediation program.
Participation in the Mediation Program will not delay a case. All matrimonial cases referred to the Mediation Program remain on a dual track. During the mediation process cases continue with their assigned judges; this allows for a seamless transition back to the traditional litigation process in the event a case does not settle with mediation.
The Suffolk County Matrimonial Mediation Program uses in-house mediators. All Program mediators have undergone formal mediation training, have experience in family mediation, and have extensive knowledge of matrimonial and family law. Our Program mediators meet or exceed the qualifications required by the New York State Court System.
The Hon. Andrew A. Crecca, District Administrative Judge, oversees the operation of the Suffolk County Matrimonial Mediation Program in consultation with the Hon. Cheryl A. Joseph, Supervising Judge of the Matrimonial Division. Court Attorney-Referee Matthew M. Deedy, Esq. is the ADR Coordinator responsible for managing the program. For additional information, or to offer suggestions or comments, please contact the Program Coordinator, Matthew M. Deedy, Esq., at [email protected] or call the Suffolk County Matrimonial Mediation Center at 631-740-3777.
Contact
Hon. Cheryl Joseph
Supervising Judge of the Matrimonial Parts of Suffolk County
Matthew M. Deedy, Esq.
ADR Program Coordinator
Melissa Insigne
Court Assistant
Meghan Roletter
Clerical Assistant
Phone: 631-740-3777
Email: [email protected]
Mediators
Matthew M. Deedy, Esq.
Court Attorney Referee and Program Coordinator
Susan M. Pierini, Esq.
Court Attorney Referee
Mary C. Buetow, Esq.
Court Attorney Referee
Carol MacKenzie
Retired Supreme Court Justice
H. Patrick Leis
Retired Supreme Court Justice
Athena Voorhes, Esq.
Retired Court Attorney Referee
Linda Boggio
Retired Court Attorney Referee
James Winkler
Esq., Attorney
Frequently Asked Questions
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How do I have my case referred to the Suffolk County Matrimonial Mediation Program?
#Initially, you must have an active matrimonial action pending in the Supreme Court. Most matrimonial cases filed in Suffolk County qualify for referral to the Suffolk County Matrimonial Mediation Program. Your assigned Justice may make a referral of your matrimonial matter to the program. However, cases involving child abuse or neglect, domestic violence or a severe power imbalance between the parties may not be appropriate for the program. Your case will be initially screened by the Court and thereafter continually screened by the assigned mediator to prevent inappropriate referrals.
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Is it recommended that I retain an attorney if I choose Mediation?
#Yes, the presence of attorneys for each party during the mediation sessions are strongly encouraged. Without legal representation, parties risk the potential of entering into agreements with insufficient knowledge about financial, legal or other issues pertaining to their case.
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Is there anything else I should know about Mediation?
#Yes, you should know that, with a few exceptions, all conversations and written and oral communication between the mediator and the parties during the mediation sessions are kept confidential. All information obtained or generated in connection with the mediation process, including notes, memoranda, work product or a case file maintained by the mediator, shall remain confidential and not subject to review or disclosure in any present or future judicial proceeding.
Nothing of substance the the occurs during the mediation process will be revealed to the referring Judge by the mediator. However, at the conclusion of the mediation process, the Mediator shall issue a limited report of the outcome and the time spent mediating to the referring Judge. Further, unless there is a mutual agreement to disclose the outcome of the mediation, neither party nor their attorneys shall reveal the outcome to the referring Judge.
Notwithstanding the foregoing, certain communications and information are subject to disclosure, such as attendance of the parties and their respective attorneys at the initial mediation session; any partial or complete settlement agreements signed by the parties submitted for the court's review; threats of imminent and serious harm and allegations of child abuse or neglect.
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What are the benefits of Mediation?
#- Improves communication
- Saves time and money
- Reduces stress
- Improves parent-child relationships
- Leads to longer-lasting agreements
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What happens to my court case while I attempt Mediation?
#Unless otherwise agreed between the parties and the Court, your case will proceed without delay before the assigned Judge. The litigation process shall continue, that means, among other things, any submitted motions will be decided, all discovery shall be exchanged and completed, and from time to time, conferences will be held with the Court.
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What if after exploring the Mediation Program I determine it's not for me?
#That's easy, your only obligation, once referred to the mediation program is to attend the initial session with your spouse and the mediator. At any time thereafter, the mediation can be terminated by either party or the mediator and the matter would be referred back to your assigned Justice to continue the litigation.
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What is Mediation?
#Mediation is a voluntary and confidential process in which the parties to a dispute make decisions together based upon their understanding of their own views, the views of their spouse, and the reality they face. This process is facilitated by a Mediator, who helps the parties make their own decisions with a focus on the future.
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What is my attorney's role in the Mediation process?
#Unlike traditional matrimonial litigation, in mediation, the parties actively participate and contribute to the process. Active participation of the parties increases the likeihood of long lasting agreements. It has also been found that the parties feel more satisfied at the end of the mediation process.
Notwithstanding the foregoing, your attorney plays a crucial role in this process in informing you of your legal rights and responsibilities as well as the potential consequences of the proposed solutions you reach. Whether you choose to have your attorney by your side during each session or as a legal advisor outside the mediation process is up to the individual party. You are completely in control of how you would like to proceed in the mediation process.
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What is the Mediator's role?
#The Mediator works with the parties as a non-coercive neutral to help the parties negotiate a settlement agreement. Throughout the mediation process, the Mediator serves as a facilitator of the communication between the parties helping the parties reach future-oriented solutions to meet the particular and unique needs of their individual family.
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Who will be assigned to Mediate my case?
#All our mediators have been appointed by the District Administrative Judge, in consultation with the Supervising Judge of the Matrimonial Parts. All Mediators in our program have completed at least forty (40) hours of Family Mediation training from a training program recognized by the New York State Office of Court Administration. In addition, each mediator has at least two (2) years of family mediation or other equivalent training or experience.