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How much will this cost?
This depends upon the complexity of your case. During your initial consultation we will, among other things, discuss the potential costs involved. We will let you know what amount of a "retainer" will be required to begin your case. A "retainer" is a quoted amount of money that is deposited into a trust account and withdrawn monthly to cover the costs of your case. While we make every effort to make a good estimation of the total costs, many unforeseen circumstances can affect the final cost.
How can I keep track of my legal fees?
The firm sends each client an itemized statement each month detailing exactly how the hours are spent. We make every effort to be sure of the accuracy and clarity of our bills. The Sturniolo & Associates takes billing questions free of charge at any time.
Do you take cases on a "flat fee" or "contingency" basis?
We feel that this fee arrangement is not in the client's best interest. We have found that the most cost effective family law case is one that is billed only for actual hours spent on the case. There are many ways we can keep costs to a minimum, which is contrary to a "flat fee" arrangement.
How can I keep costs to a minimum?
It is the goal of Sturniolo & Associates to keep your costs to a minimum. There are many things that you can do to contribute to a cost effective process. Your direct cooperation in getting all pertinent information to your attorney in a timely manner will help to keep costs down. In addition, noting the large cost associated with going to court, we have found that it is essential to continually explore all settlement options. When it is in the best interest of the client to proceed to court, every effort is made to keep costs reasonable.
Will the firm represent both spouses in a dissolution of marriage or legal separation proceeding or act as a mediator?
Sturniolo & Associates considers it a potential conflict of interest to represent both sides, even when the parties are in agreement. This can prove to be a costly mistake. Though we make every effort to work amicably with your spouse, it is the policy of the firm to represent the best interests of only one side of the case. We do act as a mediator and will consider retainer as a mediator. A mediator does not represent either party but assists the parties at reaching an agreement. Mediation often costs less than litigation because direct contact between the parties, or contact facilitated by a neutral, streamlines the negotiation process. Mediation can also give you more control over how long it will take to resolve your dispute.
How does mediation work?
Parties who mediate meet with a third-party neutral, in this case an attorney experienced in family law -- Mr. Anthony (Tony) Sturniolo. The parties may meet in the same room, or choose to be separated, with the mediator shuttling between them. Generally, the parties may negotiate virtually all the ground rules of the mediation, what issues will be addressed, who will attend, and every other aspect of the mediation. The mediator''s tasks include providing information the parties need to make decisions about their agreement, and helping the parties brainstorm solutions. While the mediator does not represent either party or provide legal advice, the mediator can provide legal information, which may give the parties an idea how their case will be treated in court. The mediator may also act as a counselor to help the parties determine what each of them wants in the agreement. This information often helps parties negotiate their own solutions.
Can I still use an attorney?
Yes. Like most aspects of mediation, you control the process. You have a right to legal counsel in every element of your life, and this is not taken away just because you are mediating. Whether attorneys will actually participate in a specific mediation session is open for agreement by the parties. If one party insists they will attend while the other insists they won''t, mediation may not be possible. But because the mediator cannot give you legal advice, you may want an attorney involved, either as part of the mediation or as a reference outside the mediation. Or you can choose not to use an attorney at all.
Is the outcome binding?
Only if you come to an agreement. While there have been cases that turned on this question, generally, if you enter into a signed agreement, the court will likely enforce it. Of course, you can always ask to have any agreement reviewed by your attorney before you sign it. If you don''t come to an agreement, not only is everything in the mediation discussions not binding, it can''t even be admitted into evidence in court. This rule is to assure the participants they are safe to make suggestions and brainstorm ideas without fearing they will be held to them later, unless they are signed.
How long will mediation take and what will it cost?
Most mediations take much less time than most people think. At Sturniolo & Associates, the average mediation for a typical divorce takes between two and five hours. This may be done at one time, or it may be divided over several sessions. This does not include any time necessary to prepare the agreement or develop any other paperwork that may be necessary. Such paperwork may require additional time by the mediator. The cost will depend on how long the mediation takes and, if there is paperwork, how complex the case is. Generally the charges for the mediation are for the mediator, which is the cost of a single attorney, and the cost of the paperwork, which may involve both paralegal and mediator time. A major advantage is that this cost is usually divided between the parties, and is less than if each party were to hire his or her own attorney to do the negotiating.
When can mediation occur in the process?
At any time--before any papers are filed, during the paperwork process, or just before a court date. The point is, a settlement negotiated directly between the parties is almost always more acceptable to both parties than an outcome decided by the court, or an outcome negotiated by the parties'' representatives. The best time for mediation is anytime the parties are ready to settle. Parties who mediate to a settlement are less likely to ever go into a court concerning any issues after the divorce is final.
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